The Definition Standards and Classification Governance of Misdemeanors
The stratification of crimes is a necessary aspect of misdemeanor governance.Regarding the definition of mis-demeanors,it is more reasonable to adopt a"comprehensive standard theory"that combines"form+substance"from different levels of legislation and justice.Therefore,misdemeanors can be divided into formal misdemeanors and substantive misdemeanors.For formal misdemeanors,neither the"statutory punishment theory"nor the"declared punishment theory"can fully reflect the subjective and objective situations of misdemeanors.According to the ope-rational form of punishment during the process of conviction and sentencing,formal misdemeanors can be divided into statutory misdemeanors,convicted misdemeanors,and declared misdemeanors.Among them,the intermediate level of sentencing includes the subjective and objective elements that determine and affect conviction and sentenc-ing,and using it as the standard for defining misdemeanors is more in line with the purpose and needs of misde-meanor governance.For substantive misdemeanors,from the perspective of typology,the basic and variable ele-ments that affect the severity of the crime can be divided into single misdemeanors,composite misdemeanors,trans-formed misdemeanors,and other types.In terms of the governance of misdemeanors,a rational reflection should be given to the polarized criminal policy of"tending towards leniency"for misdemeanors,the criminal policy of combin-ing leniency with severity should be implemented,the mechanism for substantive misdemeanors should be im-proved,the punishment for misdemeanors should be mitigated,and the classification and governance of misdemean-ors should be achieved.
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