At present,China's criminal governance has entered the era of misdemeanors.However,the twelve Criminal Law amendments show that there has been a trend of generalized punishment and heavy punishment in our criminal legislation in the era of misdemeanors.Taking the Criminal Law Amendment(Ⅻ)as an example,the legislation of generalized punish-ment is reflected in expanding the criminal,and the legislation of heavy punishment is reflected in increasing punishment to punish the crime of bribery.From the perspective of the requirements of the modernization of criminal governance in the era of misdemeanors,criminal law should be carefully involved in the operation of private enterprises.Relevant laws have set relative-ly perfect protection and relief measures for the breach of trust within private enterprises,and the crime will have a greater im-pact on the normal operation of private enterprises and violate the basic principle of corporate autonomy in modern corporate governance.Increasing punishment is difficult to achieve the expected governance effect of the crime of bribery,"bribery was prosecuted together with taking bribes"is not equal to"bribery is subject to the same punishment as taking bribes",heavy punishment will cause two sides of bribery to form an alliance,which will increase the difficulty of investigation.To strengthen the protection of private enterprises and governance the crime of bribery in the unit,enterprises should be promoted to operate in accordance with the law,and the compliance reform should be the first choice of misdemeanor governance.The criminal governance in the era of misdemeanors cannot continue the traditional ways of generalized punishment and heavy punishment,criminal legislation should be carefully criminalized,and the penalty allocation should be as light as possible.
Misdemeanor GovernanceThe Criminal Law Amendment(Ⅻ)Generalized PunishmentHeavy Pun-ishmentPrivate EnterpriseThe Crime of Bribery
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