From Negative Punishment to Positive Governance:Reflection and Improvement of the Minor Crime Governance System with Chinese Characteristics
The crime phenomenon in today's Chinese society is undergoing a significant transformation from serious crimes to mi-nor crimes,and the governance system for minor crimes in China should also be improved in keeping with the times.This requires us to take the strengths of minor offenses and avoid the weaknesses of minor offenses.Firstly,it is necessary to clarify the definition of misde-meanor,which can be capped at a statutory sentence of three years imprisonment and capped at a measure of restriction or deprivation of personal freedom with security measures.This concept of misdemeanor is not only in line with the reality of China's criminal legisla-tion and judiciary,but also a forward-looking consideration for future misdemeanor legislation.Then,reflect on the phenomenon of the expansion of misdemeanor,clarify the positive functions and negative effects brought about by the expansion of misdemeanor,point out its advantages in responding to public opinion,improving legislation,and regulating behavior,and also reveal its shortcomings in sim-plifying justice,alienating punishment,and having excessive accompanying consequences.On this basis,we will improve the govern-ance system for minor offenses in China,and establish a diverse model of handling minor offenses at the substantive level based on the provisions of Article 13 of the Criminal Law and Article 37 of the Criminal Law on conviction and exemption from punishment;Imple-ment the"three part principle"at the level of procedural law;Strictly limit the subject,object,and content of the application in the accompanying consequences,and gradually establish a system for sealing,canceling,and restoring criminal records in the elimination of criminal records.By implementing multiple measures in this way,we can promote the modernization of China's system for managing minor crimes from passive punishment to active governance.
management of minor offensesrisky societycriminal punishmentconsequences of crimeabolition of crime record
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维普
