| After a long period of development, the criminal laws of Germany, Japan, and the United States have respectively formed their own theories of criminalization. As the core content of the theory of criminalization in German and Japanese criminal law, the theory of infringement of legal interests and the principle of proportionality together guide the criminalization in the legislation of Germany and Japan. The criminalization of criminal law in the UK and the US is represented by Feinberg's theory, which includes the principles of harm, offense, legal paternalism, and legal morality. The theory and practice based on the basis of extraterritorial criminalization have many inspirations for the criminalization in China's legislation. Firstly, behavior is the basis for establishing a crime. Secondly, the core element in evaluating whether a behavior should be criminalized is interest. Once again, criminalization must take into account the influence of traditional culture, criminal policies, and the international environment. Finally, an overall analysis should be conducted based on auxiliary principles such as the necessity, feasibility, and effectiveness of criminalization. |