The Research On The Establishment Of Misdemeanor System In China

A large number of countries choose to classify crimes into felony and misdemeanor in the criminal codes.The Criminals are treated differently in substantive and procedural aspects,so as to give consideration to combating crime efficiently and effectively safeguarding human rights.But the definite concepts of misdemeanor and felony are absent in China's legal system.Generally speaking,the criminal circle in China is relatively narrow,and the criminal acts stipulated in the criminal law are basically equivalent to the contents of felonies in the West countries.While most of the misdemeanors in the West are punished by public security management and reeducation through labor in China.However,With the Constantly development of the process of rule of law,and the emergence of a large number of "new problems",the original sanction system for illegal acts can no longer meet the needs of the times.For instance,China abolished the system of reeducation through labor in 2012,then all illegal persons held here are released.So what way should the society chooses to absorb those who are should have been in reeducation through labor? How to prevent them from going back to the old road and continuing making "minor mistakes"? When potential illegal groups commit these illegal acts or even minor criminal acts,what actions should the law take to control them effectively but not follow the old way of reeducation through labor? Meanwhile,the recent criminal law amendments all have shown a strong tendency to incorporate minor offences into legislation,and this legislative trend will continue in the future.Then misdemeanors may occupy the main content of criminal law.Therefore,with the continuous expansion of the "criminal circle",how to deal with the problem of human rights protection and the contradiction of "there are more cases but insufficient judicial personnel”? Other than this,China's judicial practice is also faced with "old problems" such as unreasonable illegal sanctions system,contradiction between criminal law and administrative law,and disconnection from the international legal rule.As far as I'm concerned,constructing a systematic misdemeanor system based on the concept of unified misdemeanor,can not only improve the defects in the substantive law,but also improve the effectiveness of the judicial process.There is no doubt that this will help China to get rid of the numerous difficulties faced in the current judicial practice,and promote social governance to be more scientific and rational.Therefore,by drawing on foreign misdemeanor systems,demonstrating the value and feasibility of the misdemeanor system in China,and putting forward specific ideas based on China's national conditions,this paper tries to find a systematic,standardized and localized scheme for the construction of misdemeanor system.Specifically,this paper consists of four parts: The first part focuses on the basic theoretical knowledge of the misdemeanor system,the second part mainly demonstrates the significance of setting up the system of misdemeanor,the third part focuses on the practical difficulties and solutions to the construction of a misdemeanor system in China,and the fourth part details the specific concept of China's misdemeanor system.