The Establishment of a Rational Idea of Criminal Law——from the Perspective of Limitations of Criminal Law

Restricted by its nature,criminal law has limitations in its protection of social order and guarantee of human rights.Criminal law cannot be the only,nor the decisive,means to suppress crime.Protection of the criminal's human rights must be based on the penalty of the criminal.Criminal law,as a legal norm,is general only to harmful behaviors of certain categories.It cannot cover the special cases in society.The principle of a legally prescribed punishment requires that provisions of criminal law be unequivocal so as to maintain its security while the range of criminal law's application requires that provisions of criminal law be equivocal so as to maintain its flexibility.It is thus important to realize the limitations of criminal law and to establish a proper idea of criminal law.