Dilemma and Breakthrough:Constructing an Optimization Path for the Application of Collateral Sanctions of Misdemeanors in China
The collateral sanctions of misdemeanors in China are faced with the hidden worry of constitutionali-ty set by legislation,and the lack of proportionality in implementation impacts the dilemma of the final effectiveness of justice and shakes its justification foundation.The reasons for the above problems are that the constitutional re-view system in China is not perfect,and the right to be forgotten in criminal cases lacks theoretical and practical at-tention.The social credit system with disciplinary efficiency is mixed,and the multi-subject law has insufficient guiding power to irrational people's concepts,and its effect is not obvious.We should dialectically treat misde-meanors and misdemeanor criminals,delimit the scope of misdemeanors,and formulate the applicable law of collat-eral sanctions of crimes and lead people to desensitize misdemeanor criminals;Highlight the relationship between the former criminal act and the collateral sanctions of misdemeanors,arrange the collateral sanctions of misdemean-ors in a hierarchical way,and make it clear that it should be applied and should not be used and decide the scope of application;Standardize the implementation subject of misdemeanor accessory,set the time limit,apply the con-ditions,and strengthen its procedural justice.
misdemeanorcollateral sanctions of misdemeanormisdemeanor criminalsoptimal path
万方数据
维普
