Rule-of-Law Approach to Incidental Punitive Measures for Breach of Trust Attached to Crime
Incidental punitive measures for breach of trust attached to crime aim to compensate for the limitations of penalties,enhance the deterrent effect of punishments,and cultivate law-abiding awareness among the public.However,with the advent of the era of minor offenses,there has been a significant transformation in both the types and quantities of crimes.The punitive meas-ures for breach of trust attached to crime have not only become one of the incidental conse-quences of crime,but also witnessed a phenomenon of growing generalization and serious a-buse.This has not only led to the deviation of the construction of the social credit system from the rule of law,but,more importantly,brings some hidden troubles to the legal protection of the legitimate rights and interests of Chinese citizens.To promote the rule of law of incidental punitive measures for breach of trust attached to crime,a balance between freedom and order should be emphasized in the value dimension,reiterating and adhering to such principles as prohibiting improper connections and maintaining proportionality.In terms of specific approa-ches,we should establish categorized,multidimensional,interconnected,and remediable rules for the application of punitive measures for breach of trust attached to crime by clarifying appli-cable conditions,classifying punitive measures,taking into account the nature of the offense,excluding the application for high-incidence minor crimes,and improving remedy procedures.
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