Based on the protectionism of legal interests and the modesty-and-restraint principle of criminal law,insulting corpse,as a conduct against social ethics and without necessity of criminal legal interests,should not be defined as a crime but be decriminalized in legislation.

We can find that the modest proposal for criminal law is the unite of pragmatism and humanitarianism , as exploring the history of the modest proposal the penal law.

Under the historical context of the development of Criminal Jurisprudence,the restraining criminal law should relate and embody the tolerance,the limitation and the economy of the criminal law.

The concept of the restraining criminal law is introduced from the theory of Japanese criminal law.

The concept of the restraining criminal law grows out of the opposing and struggling between Subjectivism and Objectivism of the criminal law theory,in order to protect the citizens rights and freedom by constricting the application of the criminal law.

The limitation of the criminal law is embodied in the values of the restraining criminal law,and is analyzed and expounded from three perspectives including non-self-harmony of law,non-identity of law and morality and the limitation of criminal mechanism,at the same time,is considered as the foundation of the restraining law.

The concept of the restraining criminal law is mostly introduced from the theory of Japanese criminal law.