The Procedural Law Dilemmas of Misdemeanor Governance and Its Solution
Under the positive view of criminal law,there is a clear trend toward expanding the criminal circle in China's current criminal law,and the criminal structure has changed accordingly,with the number of misdemeanors rising while the number of serious violent crimes falling.In this context,the significance of misdemeanor governance in crime governance is further highlighted.Currently,misdemeanor governance is faced with procedural law dilemmas such as the high rate of pre-trial detention,the difficulty of the system of leniency of guilty admission and punishment acceptance work,the difficulty of applying the system of non-prosecution by procuratorial organs,and the seriousness of the consequences of attaching penalties.In this regard,it is suggested that in the process of handling misdemeanor cases,the above dilemmas can be resolved by strictly controlling the application of detention measures and expanding the application of non-custodial measures;by making targeted efforts to safeguard the voluntary nature of guilty admis-sion and punishment acceptance and the implementation of the results of leniency;by perfecting the structure of the non-prosecution system and refining the conditions for the application of relative non-prosecution in the context of the criminal policy of tempering justice with mercy,and by setting up the sealing system for adult misdemeanor records.
misdemeanour governancethe expansion of the criminal circlenon-prosecution systemthe system of leniency for pleading guilty and accepting punishmentsealing of criminal records
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