浅议刑法之谦抑

20世纪80年代日本学者官本英修提出谦抑主义，之后“谦抑”一词飘洋来到我国，被我国学者以舶来品接受，殊不知其所包含的思想在我国古代早已有之。它要求国家在惩罚犯罪和保护法益的过程中，对犯罪人所施加的刑罚，只要能够达到特殊预防和一般预防的目的就已足够，过之则无益，甚至过犹不及。刑法谦抑性作为根本原则已贯穿于我国刑事司法领域。

Restraint in the Criminal Law

Restraint in the criminal law, which was first proposed by the Japanese scholar Miyamoto Hidenaga in the 1980s, was introduced to China and was accepted by Chinese scholars. However, the concept of this foreign legal term has long been included in ancient China. Suffice to say,it requires the punishment imposed on the offender be restrained to the purpose of special prevention and general prevention when punishing crime and protecting legal interests. Restraint in the criminal law, as a basic principle, has been carried out throughout the Chinese criminal justice.