Research On The Criminalization Of Public Security

Law and order illegal act refers to the act of endangering society,which means the violation of law and regulations of public security management,and the police have the responsibility of intervention.In the context of the traditional law of the two elements of illegal and crime in China,there is a overlapping relationship between the illegal activities of public security and the types of crimes.Therefore,the "crossing overlapping" legislative mode is adopted in China's regulation of illegal activities.Such a system design has some advantages in improving the efficiency of case handling,reducing the stigma of "criminal record",and distributing judicial resources,maintaining judicial and administrative system's normal operation.But because of the structural defects of the system choice itself,it is in the running of criticism: on the one hand,to make the criminal law of our country shows a characteristic of serious felony,making crime circle become narrow,the criminal law emerge loopholes,and legal protection become incomprehensive;on the other hand,the security violations and crime expose many drawbacks in illegal judgments,sanction modes,sanction procedures and saction effects.The abolishment of reeducation through labor and the revision of the criminal law have brought about the tendency of criminal behavior.The recent amendments of the criminal law to "Adding new crimes" and "Expansion of old crimes" gradually absorbs some security violations as criminal treatment,legislative strategy such not only keeps the limited extension of the circle of crime,but also establishes criminal governance concept of "the prevention of criminal law" and "criminal prevention concept".At present,the academic community have launched a fierce theory of Offense-Defense around the rationality of the crime of law and order illegal behavior.The two sides discuss to give tit for tat whether the incrimination of public security is contrary to the principle of legal rights protection,it violates human rights,it is against the criminal policy of combining punishment with leniency,and it causes the criminal threshold and criminal label effect.In addition,the contemporary interpretation of the spirit connotation of the criminal law and the integration of criminal law enforcement and incrimination have fallen into the theoretical mystery of both sides.The opponents' concern is reasonable,but it cannot erase the progressive significance about the criminalization of public security violations.With the change of social form and criminal situation,criminalization of public security violations has become a new normal form of legislation,it promotes the deep evolution of the criminal law system objectively,and is conducive to the strict criminal law network.It is the inevitable demand for crime control.The abstraction of law content make criminal law benefit for the protection of future law,the criminalization of public security violations is perfect way to protect the legal interests.It is not in accordance with the logic of the law's rule and the international practice that the administrative organs enjoy personal free punishment,and the judicature of personal free punishment is beneficial to improve the level of human rights protection.In some areas of serious crime,reduce the threshold for conviction,the realization of "legislative initiatives since early" is also benefit to construct the rule of law society.Of course,the crime of law and order illegal acts is also carried out under the action of the criminal policy of tempering justice with mercy.In addition,need to resolve the theoretical confusion of restraining the criminal law,and make the contemporary interpretation about the modesty of the criminal law spirit,based on the two dimensions which are "limitation" and "criminal punishment validity" and from the "crime" and "punishment" to carry out collaborative restraining the criminal law.The criminalization of public security offenses extends the criminal circle inevitably without any doubt,and the consequent problems cannot avoid,such as judicial pressure,corrective effect and the tag effect of offenders.However,these problems can be solved in the process of later system follow-up.The ultimate goal of the incrimination of the law of public security is to divert the illegal acts of public security by taking the free punishment as the standard.Of course,the system of shunt crime need to proceed in a "step by step" manner,Make sure the crime of violation Con form to the order process timely,Neither conservative nor aggressive.In the process of transforming the theoretical conception and reform plan of the crime of public security into a specif ic system power,we should discard the inertia thinking of "emphasizing entity and ignoring pr ocedure",and the arrangement of entity system and procedure system should go hand in hand.In fact,the incrimination of law and order illegal acts is a misdemeanor of the law of public o rder,so it should be carried out around the "minor crime" in the system arrangement.In the en tity,the criminal sanction system hierarchical transformation,misdemeanor crime and stratific ation on severity of the penal code,the realization of a misdemeanor sanctions mitigation met hod;at the same time the establishment of misdemeanor criminal record elimination system to reduce the crime label effect "to ease with negative punishment.On the procedure,we should draw lessons from the establishment mode of extra territorial related legal system and the exp erience of successful rule of law,and establish or improve the relevant system of procedural d iversion,so as to achieve judicial justice for minor criminal cases.