On the Application of Governance Theory in Criminal Proceedings:In the Con-text of Legislative Criminalization
Along with the continuation of the criminalization trend,the negative effects brought about by posi-tive legislation have posed a serious dilemma to the criminal justice system.In order to respond to the realistic needs,the misdemeanor treatment program of criminal procedure need to seek"governance"transformation to accomplish the task of governance more effectively.In this context,it is timely to introduce governance theory into criminal litigation,which can provide ideas for the transformation of litigation in various aspects,such as governance process,governance means,and governance subjects.Specifically,the adjustment of misdemeanor litigation paradigm can be carried out from guaranteeing the substantive participation of offenders in the proce-dure,broadening the channels of judicial decriminalization,adjusting the power direction to promote collabora-tive governance,and building a supporting mechanism for the operation of the procedure,so as to promote the realization of the governance of misdemeanor criminal litigation.
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