Optimal Path of Penalty Allocation under the Background of Misdemeanor Governance
Recent positive trends in criminal legislation have led to an increase in minor offenses and lighter punishments,while reducing serious offenses and severe punishments. However,there's a lingering tendency to-wards harsh penalties for minor crimes in China,including over-reliance on short-term imprisonment,ineffec-tive probation,insufficient use of fines,and low rates of probation. To address these issues,the penalty system for minor offenses should adopt a lenient approach with strict exceptions,focusing on utility over retribution,re-forming short-term imprisonment to reduce reliance on it,thereby enhancing the social effectiveness of minor offense management.
Misdemeanor ManagementPenalty DispositionMitigation of PunishmentSocialization of Execution