As the number of misdemeanor offences in criminal legislation and the number of misdemeanor cases in practice have increased,the criminal structure in China has been substantially changed,which led to questions regarding how to deal with misdemeanors.It is necessary to formulate specific ways to deal with misdemeanors from substance and procedure respectively on the basis of clarifying the scope of misdemeanor.From the perspective of substance,the decriminalization standards should be clarified,the punishment system should be improved by increasing the properness of applying pecuniary penalty and the accuracy of applying probation period,and the criminal record elimination system should be explored step by step starting from sealing records of misdemeanor offences of adults.From the perspective of procedure,two measures are proposed:Firstly,a mechanism to classify misdemeanor governance procedures should be established,the custodial compulsory measures should be applied cautiously,and the role of community correction should be fully played for misdemeanor cases that do not involve substantive punishment or cases where relative non-prosecution is applied according to the law;Secondly,rapid processing of misdemeanor cases should be realized,a system linking and supervising investigation,arrest,and prosecution of misdemeanors and a negotiation system of misdemeanor cases should be established,so that an all-round misdemeanor governance system covering the entire procedures of investigation,prosecution,and execution of judgment can be established.
关键词
轻罪治理/出罪机制/刑罚配置/前科消灭/程序分流
Key words
misdemeanor governance/decriminalization mechanism/penalty application/criminal record elimination/procedure classification
维普
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