A Probe into the Penal Leniency of Criminal Sanctions in the Context of the Governance of Minor Offense
The governance of minor offense is the reform direction of crime governance in the new era in China.The governance is manifested in expansion of minor offense,preventive governance,the double decreases and double increases(de-creases of a number of serious violent crimes and a rate of severe punishment,and increases of the number of minor crimes and the rate of light punishment)in the judiciary,and minor offense with light sentences.A theoretical and practical foundation for the application of minor crimes governance in China have been laid on the correction of the handling of minor offense,the re-sponse to reasonable social concerns,and the interpretation of the principle of restraint in criminal law.However,harsh chal-lenges are encountered at present.The challenges can be the governance dilemma of heavy punishment,the governance difficul-ties of arbitrary justice,and concerns about excessive criminalization.Improving the application path to minor offense govern-ance should be done from four aspects:the construction of a system of light penalties,the soundness of crime filtering mecha-nisms,the improvement of targeted governance,and the advocacy of society of pluralistic governance.
万方数据
维普
