Modernizing the treatment of misdemeanors is an essential aspect of modernizing the criminal rule of law.The value rationality of treating misdemeanors includes the concept of modesty and prudence in criminal law,the dual balance of criminal law functions,the light and heavy nature of criminal policies,and the lenient and moderate punishment.Measuring based on the rational value of misdemeanors,the current treatment of misdemeanors in China has an overly broad scope of criminalization and relatively arbitrary setting of charges;the narrow channels for committing crimes,excessive reliance on criminal law for the treatment of misdemeanors,and severe accompanying consequences of crimes.Therefore,we should focus on the goals of caution in criminalization and leniency in decriminalization.We should achieve reasonable regulation of misdemeanor charges,appropriate improvement of criminalization standards,and moderate return of misdemeanor behavior to public security punishment adjustments in legislation.We should utilize the filtering effect of procedures in the judiciary to achieve leniency in the treatment of misdemeanors and achieve leniency in the removal of misdemeanors through the sealing of misdemeanor records and the clearance of accompanying consequences of crimes.
关键词
刑事法治现代化/价值理性/工具理性/轻罪治理/犯罪附随后果
Key words
modernization of criminal rule of law/value rationality/instrumental rationality/treatment of misdemeanor/accompanying consequences of crimes
维普
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