| In the laws of most countries or regions in the world today,the determination of the establishment of a crime uses the "qualitative" standard.As long as the perpetrator violates the provisions of the law and commits acts that are offensive or socially dangerous,it constitutes a crime.On this basis,China has increased the requirements for "quantity",distinguishing crimes from general violations,resulting in a narrow criminal circle.On the corresponding sanctions system,a three-level system consisting of punishment,administrative punishment and reeducation through labor has been formed.In recent years,with the change of the criminal law legislative concept and the abolition of the reeducation through labor system,China’s crime threshold has been continuously lowered,and more and more minor violations have been included in the criminal law system,which has caused many controversies.Regarding how to construct a misdemeanor system that meets China’s national conditions,the academic community has actively explored: from the legislative model and classification standard of misdemeanor,to the sanctions allocated,to the supporting procedures of prosecution,trial and execution,etc.Conducted a relatively comprehensive exploration of the core issues of the misdemeanor system,and proposed many design solutions.However,the construction of the misdemeanor system is a very complicated process,which not only requires a rigorous system design,but also adapts to the reality of our country.Therefore,we must adhere to the goal-oriented,apply the principle of differentiated treatment to crimes of different degrees of severity,promote the judicialization of personal liberty punishment,establish and improve the system of non-custodialized misdemeanor sanctions,protect the rights of offenders,and promote the optimal allocation of judicial resources.This article will base on the current legal system of our country,implement the spirit of the criminal policy of combining leniency and strictness,focus on the combination of theoretical research and data analysis,and strive to provide some useful reference for the legislation of misdemeanor in our country.The full text is consisted of three parts:The first part focuses on the background of the establishment of a misdemeanor system in China.Starting from the generation of criminal stratification theory and legislative practice,it analyzes the connotation of misdemeanor and misdemeanor system in China’s context,focusing on the purpose of building a misdemeanor system and the criteria for distinguishing between misdemeanor and felony.Then discuss the justification and feasibility of building the misdemeanor system in China.The second part mainly elaborates the obstacles faced by our country in constructing the misdemeanor system,including the asymmetry of the criminal circle and the crime system,the expansion of the power of administrative punishment,and the limitations of the criminal sanction measures.The third part is based on the goal of constructing a misdemeanor system,combined with the current legislative and judicial practice problems,to develop a path design for the construction of a misdemeanor system in line with China’s national conditions.On the substantive side,the Criminal Law and Administrative Law were adjusted to delineate the scope of misdemeanor in China.On this basis,select the criminal code model for legislation,and improve the deficiencies of the current sanctions system;in terms of procedures,for the three stages of litigation,enforcement and return,put forward improvement suggestions that meet the needs of building a misdemeanor system. |
