合理限制公权力以保障人权实为法治国家的应有之义。比例原则以其具体性、规范性和目的性在限制刑事权力上可以发挥重要作用,能够弥补刑法的谦抑性所不具有的硬约束力的缺陷,以推动刑事法治的实现。将比例原则运用于我国刑法可以与我国刑法三大基本原则形成良性互动关系,正确分析以明确我国刑法中比例原则的定位问题可以促进比例原则在我国刑法领域的实现。 The reasonable restriction of public power to protect human rights is the proper meaning of a country ruled by law. The principle of proportionality can play an important role in limiting the criminal power by its specificity, normativity and purpose, and can make up for the weakness of hard binding that the moderation of the criminal law does not have in order to promote the realization of criminal law. Applying the principle of proportionality to our country’s criminal law can form a positive interaction with the three basic principles of criminal law in our country. Correctly analyzing the problem of locating the principle of proportionality in our criminal law can promote the realization of the principle of proportionality in the field of criminal law in our country.