Abstract: Based on the nation-state approach and double-track-historical narrative mode, China is constructing a picture of the Oriental ethnic nation-states which becomes increasingly clear.Meanwhile, the repressive state's power limits the acquisition of personal freedom.The question is that, for China, who is in the process of reconstruction modernization, a large and specific plan for the implementation of the modernization is quite necessary.Law, served as a tool in reform, becomes an essential part in the course of modernization.However, to some extent, the value in rule of law has been impaired.The legal principle of crime and punishment, which demonstrates the spirit of rule of law, is not given much attention in the past.To achieve the complete implement of the rule of law and the legal penalty, besides the strict interpretation of criminal rules, we should construct the authority of the constitutional order and sophisticated legal operation system.In this way, we can effectively improve the criminal law protection of legal interests and guarantee the understanding of individual free understanding.Only by this, individual freedom can be a core value of the criminal field in modern society.