Reflection On Overcriminalization In Social Governance

In recent years,some hot cases have caused public debate.According to the simple legal feelings of the people,some acts that do not constitute a crime are recognized as criminal offences by the judiciary.Behind this reflects the problem of the pan-criminalization of social governance.The general criminalization of social governance refers to the criminal law’s participation in social governance,which emphasizes the regulation of behavior and underestimates the protection of human rights,resulting in a morbid phenomenon of the generalization of criminal law and the excessive application of penalties.The performance of the pan-criminalization of social governance in legislation is manifested in the following aspects: First,the frequency of amendments to the criminal law has accelerated and the number of crimes has increased.The specific manifestation is that the current criminal law has added more than 50 crimes to the 1997 Criminal Law.The second is lowering the threshold of sin.Reducing the threshold of guilty crime is achieved by expanding the scope of the subject of the crime,expanding the types of behavior,expanding the objects of the crime,and reducing the results of the crime.The third is the excessive adjustment of objects.The phenomenon of "offside" in the criminal law is serious,and the status of the post-guarantee law has been violated.The manifestation of the pan-criminalization of social governance in the judiciary is the "law-making" of judicial interpretation and the lack of judicial humility.The "law-making" of judicial interpretation is mainly reflected in the fact that in the process of formulating judicial interpretation,judicial organs modify criminal law in disguise.The lack of judicial humility is mainly manifested in the fact that some judicial staff are affected by thecriminal law instrumentalism,re-entering crimes,neglecting crimes,attacking and protecting.There are many reasons for the formation of the pan-criminalization of social governance,both conceptually and practically.There are two main reasons for the concept of pan-criminalization of social governance: one is the prevalence of criminal law tools,and the other is the lack of the modest sense of criminal law.The concept of criminal law affects practice.Under the guidance of the "control-type" concept of criminal law,there are three main causes of practice chaos.One is the single social governance method,and criminal law is regarded as the "majority" of social governance.The second is the lack of criminal law propaganda.In practice,law enforcers often strike under the premise of lack of adequate education.The third is insufficient citizen participation.Citizens’ participation in legislation and justice is not high,and their participation is not high.In the context of advancing the modernization of the national governance system and governance capabilities,it is necessary to "disorder chaos" from the perspective of concept and practice in the general criminalization of social governance.In the concept of criminal law,we must abandon the concept of criminal law instrumentalism,advocate a humanistic view of criminal law,and advocate the concept of modesty and restraint of criminal law.In practice,it is necessary to comprehensively use civil,administrative,moral and other social governance methods.It is necessary to strengthen criminal law publicity,first education and then crack down.It is necessary to increase citizens’ participation in legislation and justice.Only in this way can social governance be eliminated.Change.There are three chapters in the body of this article.Chapter 1 "Overview of Pan-criminal Legalization of Social Governance",Chapter 1 starts with the concept,briefly introduces what is social governance,pan-criminalization,and social-government pan-criminalization,and on this basis,gives The definition of this article.Subsequently,this article starts from two aspects of legislation and judiciary,and reveals the manifestation of pan-criminalization of social governance.Chapter 2 "The Causes of the Pan-criminalization of Social Governance" reveals the causes of the pan-criminalization of social governance from two dimensions: concept and practice.Chapter 3 "Countermeasures of Pan-criminalization of Social Governance" eliminates the pan-criminalization of social governance from two approaches: concept and practice.The conclusion of this article is that in the process of criminal law participating in social governance,the choice of governance philosophy should adhere to the governance philosophy of humanism.In the choice of governance measures,we should adhere to the principle of simultaneous development of multiple governance measures.In the choice of governance subjects,the participation of multiple governance subjects should be absorbed to ensure the participation of citizens.