With the increase in the number of misdemeanor,the arrangement of sanction system and the relationship be-tween criminal punishment and administrative penalty are key issues that cannot be avoided.Under the influence of German law and Japanese law,a special two-tier dual sanction system has gradually formed in China.Its ideological basis lies in different understandings of the relationship between criminal punishment and administrative penalty.With the development of society,both the qualitative distinction theory and the qualitative-quantitative distinction theory are facing insurmountable problems.China's sanction system should be structured according to the quantitative distinction theory.The construction of China's misde-meanor response system should maintain a dual sanction system consisting of administrative penalty and criminal punishment.On the issue of the relationship between the two sanctions,we should adhere to the quantitative model of legislation and adopt a two-tier sanction system based on the degree of illegality.The development of the misdemeanor response system should fo-cus on mild punishment and should not be confused with the expansion of misdemeanors.While carefully adding types of crimi-nal acts,attention should be paid to avoiding the problem of excessive criminalization.On this basis,China's two-tier dual sanction system should be further improved to achieve reasonable decriminalization of minor violations and prevent the blurring of the threshold for criminal sanctions.
MisdemeanorSystem of SanctionRelationship Between Criminal Punishment and Administrative Penal-tyQuantitative DistinctionMild Punishment
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