Abstract：Values of order and freedom are the core contents of legal values. Due to the complexity of the society, these two different sets of value may conflict with each other. In order to guard against social risks and provide a comprehensive protection of legal interest, the enactment of criminal law tends to attach importance to the order value of the law, featuring the emergence of the pre-intervention of the criminal law and the abstraction of the legal interest. However, practices conforming to the theory of risky criminal law, such as the pre-intervention of the criminal law, may induce such problems as the damage to the modest and restrained principle of the criminal law, ambiguity between the border of administration violation and criminal violation. Therefore, when dealing with various risks in the risky society by means of criminal law, we should adhere to the freedom value to incriminate various risks prudently and guarantee the human rights.

Keyword：legal values;infringement upon citizens' personal information;risky criminal law;the mod est and restrained principle of the criminal law;