刑法谦抑理念作为现代刑法的应有价值,对我国刑事立法和司法都有重要影响,也是完善我国刑罚结构的价值依据。我国现有刑罚结构存在重刑主义和刑罚配置不甚合理等诸多弊端,违背了刑法谦抑的理念。本文认为在刑法谦抑理念的指导下,我国刑罚结构应做合理调整,实现“总体缓和,轻重兼顾”的格局。 As the value of modern criminal law, the concept of humility in criminal law has an important influence on our criminal legislation and judicature, as well as the value basis for improving our criminal structure. The existing penalty structure in our country has many malpractices such as serious penalties and improper distribution of penalties, which runs counter to the concept of humility in criminal law. This paper argues that under the guidance of the modest suppression of criminal law, the structure of criminal penalties in our country should be adjusted reasonably to achieve a pattern of “overall easing, taking light of both”.