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上世纪90年代宫本英修首先提出最早的谦抑思想,现在刑法的谦抑性已成为日本刑罚的基本原则,近年来国内学者开始提倡谦抑思想,并刑法的谦抑性作为刑法的价值已达成共识。中国在建设社会主义法治国家的进程中,应对刑法的谦抑性给予更多的关注和研究,这既是法制发展之必然,也是当代中国社会的现实需要,尤其是发展社会主义市场经济的客观要求。
In the 90s of last century, Miyamoto Eunhyuku first proposed the modest thought of humility. At present, the modesty of the criminal law has become the basic principle of Japanese punishment. In recent years, domestic scholars began to advocate humility and the modesty of criminal law as the value of criminal law Have reached a consensus. In the process of building a socialist country governed by the rule of law, China should pay more attention to and study the modesty of criminal law. This is not only the inevitable development of the legal system but also the realistic need of contemporary Chinese society, especially the objective requirement of developing the socialist market economy .