The Study Of Misdemeanor Sanction Regime

Criminal law of China doesn't include misdemeanor sanction regime. With the change of external environment and the development of rule of law, Criminal law scholars gradually pay attention to misdemeanor and misdemeanor sanction regime of foreign countries. Learning foreign excellent misdemeanor sanction regime can help us build misdemeanor sanction regime of China, so we can solve the problems in judicial practice of China. This article focuses on misdemeanor sanction regime and puts forward some sound advice.In the theoretical circle of criminal law of China, there are many definitions about misdemeanor. In the rest of the world, misdemeanor division standard is different. Compared with other methods, legal penalty range is the most reasonable way. Misdemeanor is a crime whose social harmfulness is light and range of legal penalty is under a certain statutory sentence. Misdemeanor sanction regime is for misdemeanor cases, including object of sanctions, sanctions, sanction procedure, and elimination of previous conviction, etc. Misdemeanor sanction regime can optimize criminal sanction system and promote the socialization of misdemeanor.Constructing misdemeanor sanction regime of China, we must learn, study, and research other countries' misdemeanor sanction regime. This paper is based on two legal systems and investigate misdemeanor sanction regime of continental law system countries and Anglo-American law system countries. Continental law system countries, mainly introduce misdemeanor sanction regime of France, Germany, Italy, Japan. Anglo-American law system countries, mainly introduce misdemeanor sanction regime of American and British. This provides strong support for the construction of misdemeanor sanction regime of our country.There are many problems in our country under the rule of law. The threshold of sin is lowering. The burden on the judiciary is increasing. Penalty Benefit is declining. Effects of previous conviction are expanding. All of these urge us to step up the construction pace of misdemeanor sanction regime. The criminal policy of combining leniency and harshness, the experience of community correction and the pilot work of fast criminal procedure enhance the feasibility of constructing misdemeanor sanction regime.Constructing misdemeanor sanction regime of China mainly includes four aspects. At the aspect of object of sanctions, the crime whose maximum punishment prescribed of legal penalty range is not more than 3 years in prison belongs to the misdemeanor. At the aspect of sanctions, we need take double track including penalty and security, strictly limit the application of the short-term imprisonment, enlarge the scope of fine punishment, add community service penalty, improve the system of community correction, retain and improve current security measures including compulsory medical treatment, criminal forfeiture, prohibition order, prohibition of practice, add new security measures including suspension of driving license, suspension of business license, good guarantee, forced forbidden, forced to work, minor manual reading education, construct security measure system of misdemeanor. At the aspect of sanction procedure, we should shorten litigation period, implement non-custodial coercive measures, and add punishment procedure, plea bargaining process, immediately trial procedure. At the aspect of facilities, we should set up abolition of misdemeanor record to eliminate the adverse effects of criminal record for misdemeanor offenders.