Abstract: Influenced by the positive view of criminal law and the concept of risk prevention, China's criminal governance has gradually changed from the core felony governance of "severe but not strict" to the mode of "severe and severe" for both serious and serious crimes.There are multi-level problems in the misdemeanor governance mode of misdemeanor legislation and misdemeanor judicial inclusion.In the governance concept, the positive view of criminal law and the safety priority have eliminated the basic function of criminal law, and its theoretical foundation is difficult to be self-consistent;in the governance path, the preposition of criminal law and the sanction centralism have vulgarized the criminal law into a social management law, which is difficult to make up for the punishment loopholes in the Criminal Law;in the governance results, the expansion of misdemeanor and the interpretation of misdemeanor inclusion have seriously challenged the principle of legality of punishment, and conflict with the doctrine of criminal law.We should adhere to the negative view of criminal law and liberal criminal law, guide the society to properly improve the overall risk tolerance, construct the comprehensive governance means of civil crimes, ensure the smooth path of misdemeanor admission, and realize the modesty of criminal law.