The Construction of the Standard System for Decriminalization in the Misdemeanor Governance
With the changes in the crime structure,china has entered the era of misdemeanor.How to build a reasonable standard system for decriminalization in the misdemeanor is a key step in realizing the modernization of misdemeanor governance.Based on the analysis of the current situation of decriminalization in misdemeanor,there are three reasons that currently hinder the decriminaliza-tion of misdemeanor.The application rate of the proviso in Article thirteenth of the Criminal Law is very low in judicial practice.The basis for decriminalization is confusing and reasonable decriminal-ization cannot be achieved in substantive law.The judicial level has not yet established a set of uni-versal standards for decriminalization in misdemeanor.To effectively solve these problems,it is nec-essary to activate the proviso in Article thirteenth of the Criminal Law and clarify its decriminalization function,scope of application and positioning,clarify the system positioning of Article thirty-seven of the Criminal Law and its relationship with the proviso of Article thirteenth,introduce the theory of the need of punishment,and build a set of standards for decriminalization in the misdemeanor that emphasize both the deservedness of punishment and the need of punishment from the perspective of criminal integration to achieve reasonable decriminalization in the misdemeanor.
decriminalization in the misdemeanorthe proviso in Article thirteenth of the Criminal LawArticle thirty-seven of the Criminal Lawthe need of punishment
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