Guided by the positive view of criminal law,China has been become more active on misdemeanor legislation.This has resulted in a criminal structure predominantly centered around misdemeanors.Misdemeanor governance has become a contemporary challenge for Chinese criminal procedural system.There is an urgent institutional need for procedure diversion about misdemeanor cases.This includes mechanisms for early dismissal,hierarchical differentiation of criminal procedures,and systematic transformation for the pre-trial procedures.However,Chinese procedure diversion system has several deficiencies.These include the lagging pace of criminal procedural legislation compared to misdemeanor legislation,insufficient differentiation of criminal procedures to meet the differentiation needs of misdemeanor cases,limitations of the procedural decriminalization mechanism due to the policy-responsive characteristics,and limitation of the pre-trial procedure by structural constraints.Therefor,we should take a systematic apporach.Specifically,Further stratification and differentiation of criminal procedures should be promoted,the pre-trial procedures should paly a central role focus on the criminal cases procedure diversion.we should build a comprehensive criminal case diversion system that spans the whole criminal proceedings.Additionally,the supporting system should be strengthened such as the leniency about penalty,and the judicial organizations.
万方数据
维普
