Towards the Governance Function of Criminal Procedure in the Context of the"Misdemeanor Era"
The criminal procedure has a dual function of both punishment and governance.The criminal function of a procedure is to punish the perpetrator based on the facts of the crime.At present,the function of punishment is still the core of criminal procedure,but China has gradually entered the era of"misdemeanor".The criminal procedure centered on pun-ishment has poor control effect on minor crimes and also has limitations such as penalty overflow.Therefore,the function of criminal proceedings in China should shift towards governance as the center.The governance function of the procedure fo-cuses on the criminal behavior as the object of governance,which not only governs the conscience of the criminal behavior,but also the social structural reasons for the occurrence of criminal problems.Its purpose is to prevent crime and further maintain social order,so it is more in line with the needs of crime control for minor offenses.Specifically,it is necessary for our country to promote the construction of a procedure centered on governance by expanding the social participants in crime governance,enriching diverse procedural substitution mechanisms,and strengthening the negotiability of procedures.
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