TIAN Hongjie
Journal of Renmin University of China.
The principle of legal interest protection, the principle of modesty and the principle of crimepunishment equilibrium in criminal law correspond separately to the principle of suitability, the principle of necessity and the narrow proportionality principleIn addition, the principle of culpability in criminal law further restricts the execution of the power of punishmentHence, the basic principles have already clarified the regulatory boundaries of criminal law and have determined more strict review standards, while the proportionality principle is not able to provide additional normative guidanceThe key value of the proportionality principle to criminal law system is that it solves the problem of which criminal law principles are absolutely inviolable and which ones have exceptionsIn general, the proportionality principle is applied in the scope of public laws, or applied to adjusting the legal relations between equal parties in a weak sense, but it shall not be applied to adjusting the legal relations between equal parties in a strong sense