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刑法应谨慎适用,力争较好实现刑法的效益价值,这是刑法内在价值的应有之意。刑法的谦抑性是指在维持社会秩序稳定和保障人权的基础上尽量少用和慎用刑法,以求以较小的刑法成本达到控制犯罪和预防犯罪的目的。
Criminal law should be cautiously applied, and strive to better realize the value of the effectiveness of criminal law, which is the intrinsic value of criminal law should have meaning. The restraining nature of the criminal law means to minimize and discourage the criminal law on the basis of maintaining the stability of social order and safeguarding human rights so as to achieve the purpose of crime control and crime prevention with a relatively small cost of criminal law.