The Essence of Modern Criminal Law

Criminal law, a kind of public law, takes as its primary function keeping order. However, it should also guard against the inappropriate harm done to citizens. The maintenance of order under criminal law is governed by the principles of responsibility for an offence, rule of law, and hu-manitarianism. Criminal law has its own limitations. As a last resort, it guarantees the enforcement of other laws in essence. It should not interfere with social life in an all - round way. Therefore, criminalization and decriminalization should be the inevitable choice of the ciminal policy. All these should be the essence of the modernization of Chinas criminal law.