Theoretical Reflection on Microcrime Management Under Restorative Justice
In recent years,the punishment of microcrimes has been expanding in our country.It is difficult to deal with the judicial practice effectively with the treatment path of microcrimes guided by the view of state-oriented criminal law and retributive punishment.The restorative justice,which realizes the subrication of the traditional penalty view and takes restorative justice as the core value,provides a new way of thinking for microcrime governance.On the one hand,restorative justice and microcrime governance are in accord with each other.On the other hand,the litigant doctrine pursued by restorative justice is helpful to microcrime control.Under restorative justice,the path of microcrime management in our country should be constructed,and the procuratorial organs should be given moderate mediation rights in microcrime cases at the legislative level.At the judicial level,the application scope of discretionary non-prosecution in micro crime cases is expanded,and the system of conditional non-prosecution in micro crime cases is constructed.It is also necessary to improve the people's mediation system,establish a new social service penalty,and improve the supporting system of restorative justice.
restorative justicevenial sinright of conciliationdiscretion not to prosecuteconditional non-prosecution
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