Abstract: The concept of the restraining criminal law is mostly introduced from the theory of Japanese criminal law.It grows out of the opposing and struggling between Subjectivism and Objectivism of the criminal law theory,aiming at protecting the citizens' rights and freedom by constricting the application of the criminal law.Its theory origin can be traced back to the Enlightenment and criminal rationalism.The restraining criminal law is pursued as a kind of value to the criminal law by people,and it's a kind of idea,thought or spirit in essence.