Research On Criminal Classification And Reference Of Russion Criminal Law

In 2011,the National People's Congress included the drunk driving behaviors initially handled by the public security management laws and regulations into the criminal law punishment in the criminal law amendment(8).In 2014,the criminal law amendment(9)added two micro crimes,namely,the use of false ID card,the theft of ID card and the crime of replacing examination.Thus,the early social involvement of criminal law began gradually.With the introduction of the minor crime into the penalty,the crime rate rises accordingly.However,the current heavy penalty system and complex judicial procedures in China are difficult to adapt to the increasingly prominent judicial contradictions of more cases and fewer people."Light crime and heavy punishment" is not in line with the principle of the criminal law.In this way,the introduction of the international community's common criminal classification system can effectively solve the current judicial dilemma in China.Crime classification refers to the classification according to the severity of crime,and the allocation of different severity of criminal procedures for different levels of crime.Some scholars in China also call it crime stratification.There is no essential difference between the two,but it is more stereoscopic and intuitive to describe such systems by using crime stratification.Combing the course of criminal law in China,we find that there is no clear criminal classification system in the development of criminal law in China,which only embodies the spirit of heavy punishment for serious crimes and light punishment for minor crimes;however,in judicial practice,the legal maximum punishment only reaches the micro crime of criminaldetention,so the introduction of criminal classification system is necessary in theory and practice,which not only responds to the "combination of leniency and strictness" ” The criminal policy of criminal law has improved the structure of criminal law and the efficiency of litigation.The classification system in Russian criminal law,which has a profound influence on Chinese criminal law,has experienced a hundred years of development,and the pattern and standard of crime classification have been fully demonstrated in practice,which is more valuable for the construction of China's crime classification system.Compared with the criminal classification system of China and Russia,the Russian criminal classification system,which takes the nature and degree of social harm as the classification standard,is closely combined with the Russian criminal law.The criminal classification mode of the quartering method penetrates into all aspects of the criminal law,and each level is equipped with different degrees of legal punishment and judicial procedures.Such classification not only saves judicial resources but also balances the criminal law structure.Therefore,drawing lessons from Russia's criminal classification system can effectively solve the current judicial contradictions in China and balance the criminal law structure.Therefore,based on the criminal classification system of Russian Criminal Law and the practical problems of Chinese Criminal Law.The theoretical level is to design the system for the introduction of crime classification in China.According to the seriousness of the social harm of crime,the criminal acts in China are divided into four categories: Micro crime,misdemeanor,sub serious crime and felony.At the same time,the criminal classification system is connected with criminal preparation,attempted crime,negligent crime and other criminal systems in advance and gradually promoted,in order to promote the coordinated development of China's criminal law system.