Practical Explorations and System Improvement of Prosecution of Retention with Public Service—A Concurrent Review of Misdemeanor Management in Drunk Dangerous Driving Cases
Prosecution retained and accompanied by public service fits with the system of leniency in guilty pleas and penalties,is consistent with the principle of proportionality in criminal procedure,is the organic unity of the system of relative non-prosecution and the concept of restorative justice,and is also an innovative way of managing minor offences.Taking drunk dangerous driving cases as an example,the judicial practice of the mechanism of prosecution retained with public service in various places presents differences in the scope of application,initiation procedures,and supervision and inspection.There are also three pairs of contradictions in prosecution retention and incidental public welfare services:prosecution retention contradicts the punishment of violations of law,criminal punishment contradicts public welfare services,and good law and good governance contradicts the alienation of law enforcement.By clarifying the specific scope of application of collateral public welfare services,it helps the procuratorial authorities to regulate the exercise of discretionary power;by granting criminal suspects the right to procedural choice and the right of remorse,it helps to increase the motivation of the perpetrators to participate;by improving the different ways of investigation in a targeted manner,it helps to further give full play to the positive correctional function of collateral public welfare services;and by implementing the system of submitting sureties and depositing bonds,and adopting electronic surveillance measures,as well as implementing the system of procuratorial hearings.The implementation of systems for the submission of guarantors and bonds,the adoption of electronic surveillance measures,and the introduction of a system of procuratorial hearings and the establishment of a reporting system have helped to improve the quality and effectiveness of the mechanism for retaining prosecutions and providing ancillary public-interest services,and thus to achieve the graded treatment of minor offences.
Misdemeanor ManagementPublic ServiceDrunk DrivingNon-Prosecution System
NETL
NSTL
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