With the modernization of misdemeanor governance,represented by drunk driving cases,China has gradually formed three coexisting judicial governance models:lenient punishment,unconditional non prosecution,and conditional non prose-cution.The concentrated manifestation is the application of probation in the trial stage,which has two theoretical foundations:adap-ting to the crime and punishment,and negating short-term free punishment.However,it cannot fundamentally solve the problem of serious consequences and insufficient prevention of minor offenses.The unconditional non prosecution model of leniency in the re-view and prosecution stage,which directly excludes minor crime cases from the scope of criminal sanctions,can completely avoid the occurrence of criminal consequences and reduce the pressure on judicial organs to handle cases.However,it also faces limita-tions in the application of indulgence in crime and excessive discretion of prosecutors.In recent years,the practice of conditional non prosecution mode,in which the prosecutorial organ decides whether to prosecute according to the supervision and investigation of the actor,has sprung up.By giving play to the function of penalty substitution,correction and prevention,and implementing the external incentive mechanism of governance,it can be regarded as an innovative mode of judicial governance of misdemeanors in the future,but it is also necessary to deal with the theoretical criticism of this mode,the imperfect development of social forces and other applicable obstacles.
关键词
轻罪治理/醉驾案件/轻缓刑罚/无条件不起诉/附条件不起诉/有效治理
Key words
management of minor offenses/drunk driving cases/mild punishment/unconditional non prosecution/condi-tional non prosecution/effective governance
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