On The Chinese Criminal Law System Construction Misdemeanor

In 2013, 18 through on the third plenary session of the on comprehensively deepen the reform of the central committee of the communist party of certain major issue decision "clearly pointed out that in the abolition of reeducation through labor system, perfect the punishment of illegal and criminal behavior and correct law and a sound system of community correction", since our country is nearly 59 years of RTL system was abolished. But, after the abolition of the reeducation through labor system, how should we fill the blank after the abolition of RTL system of law, in the era of reeducation through labor, the problem should be how to solve. At the same time, the criminal law amendment(9), issued by the regulation of many minor illegal behavior into the criminal law. Such as punish dishonest infidelity as cheating in the exam, expanding the scope of the dangerous driving accountability and so on. China’s criminal law, therefore, is to enlarge the scope of criminal law regulation, expand your circle of the punishment, is proved to anti-social behaviour play a deterrent. But the punishment of the expanded use of a double-edged sword, used properly can reduce the happening of the similar petty crime, using improper may be the phenomenon of violation of human rights. The international community for a minor crime punishment have one set of complete and strict procedure, called misdemeanor system or misdemeanor method, many developed countries will misdemeanor system woven into the penalty system of the country. Misdemeanor system in our country is still a new thing, about the minor illegal crime can draw lessons from foreign misdemeanor system the problem, the domestic scholars argue, the main issue focuses on the definition of misdemeanor, set up a misdemeanor system will cause the expansion of crime circle, can return to society the sinner, etc. Based on the analysis of the above problems are necessary after the misdemeanor system specific how to design and build system of misdemeanor other supporting measures after the improvement of the proposed own view, etc. Full text is divided into four chapters:The first chapter mainly introduces the misdemeanor system overview, divided into two parts, respectively is the misdemeanor system abroad and the misdemeanor system of our country. Foreign misdemeanor system including misdemeanor concepts and misdemeanor system again. Misdemeanor concept mainly includes the main western countries abroad to distinguish the weight method of sin, such as establishing misdemeanor or provisions in the specific provisions of criminal law and so on. Abroad misdemeanor system mainly includes the connotation and significance of misdemeanor system. Connotation mainly includes two aspects of entity and procedure, meaning is to limit the expansion of executive power, improve the efficiency of the criminal trial, etc. The misdemeanor system in our country mainly includes cognizance and minor misdemeanor standard system of content. Misdemeanor system content is divided into condition influence the misdemeanor and misdemeanor processing mode.The second chapter mainly includes the necessity of misdemeanor system and the system bottleneck. To establish the necessity of misdemeanor system mainly includes the beneficial to carry out the criminal policy in China, reflects the choice of a crime in our country. Is beneficial to control the abuse of executive power, the rational allocation of judicial resources, conducive to recover after the abolishment of the reeducation through labor law blank, the international community governance misdemeanor cases of experience, is the inner demand of social governance in our country. Misdemeanor system set up by the system bottleneck mainly includes the misdemeanor punishment crime ring caused by the expansion, have a criminal record "stigma" of the sinner can return to society and misdemeanor scope definition.The third chapter mainly includes the design of misdemeanor system in our country, mainly from light system of the division of a felony, a misdemeanor punishment encounter, misdemeanor system program in encounter, the execution of misdemeanor system encounter and misdemeanor system of social aspects to discuss. Misdemeanor system of punishment in any mainly includes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or shall impose a fine. Application place mainly includes the criminal summary procedure. The execution procedures including sentenced to imprisonment and imprisonment. Social place meet mainly includes the sinner can return to society, return to society, facing the difficulties.The fourth chapter mainly includes the misdemeanor system set up after the misdemeanor criminal record elimination system should be set up as supporting measures, mainly from the minor criminal record elimination and the significance of minor criminal record destroy the contents of the two aspects. Misdemeanor criminal record destroy including legal meaning and social significance, the significance of minor criminal record extinguish content including misdemeanor criminal record the conditions, procedures and measures.