Study On The Legal System Construction Of Misdemeanor

Modern society has entered a risk society from an industrial society.The spread and development of "broken window theory" has brought about the development of the concept of risk criminal law.In the face of new social governance needs,the shortcomings of the "strict but not secret" feature of China’s criminal law have been gradually exposed.In practice,there are some problems such as the unclear boundary between the governance of illegal acts and criminal acts,the "heavy punishment for minor crimes",and the inaccurate application of charges.The contradiction between the social demand for fine governance and the failure of the existing governance system to meet the governance demand urges more and more domestic scholars to support the construction of a legal system of misdemeanor in China.Under this background,this paper discusses the construction of a legal system of misdemeanor based on the experience outside the region and China’s national conditions.In addition to the introduction and conclusion,this paper is divided into four parts:The first part: mainly defines the concept and severity of misdemeanor crimes division,according to the article breakthrough of frame weight of criminology level in the current criminal law,because crime is the smallest unit of crime not only take into account the nature of the crime and social risk,and has operability in practice level,in this paper,then based on the weight of sin crime according to.The second part: Analyses the characteristics of "severe but not strict" in the current criminal law of our country and the defects revealed in the social governance,in order to discuss the necessity of constructing the legal system of minor crimes in our country.The third part: from the current social foundation,governance idea foundation,as well as the substantive law foundation and the procedure carrier of our country,discusses the feasibility of constructing our country’s misdemeanor system.The fourth part: This part is the concrete conception of constructing the misdemeanor system.This paper proposes to add Chapter 11 as the chapter of misdemeanor on the basis of the current criminal law,so as to start the construction of the legal system of misdemeanor in China.It also delimits the specific scope of misdemeanor,the upper limit of sentencing for misdemeanor is the "standard misdemeanor" with a statutory maximum punishment of 3 years,and the boundary of misdemeanor and public security violation is delimit by three standards of national security,public safety and social sensitivity,and gives the specific scope of misdemeanor content.The legal system of misdemeanor discussed in this paper not only includes the scope of misdemeanor,but also includes the procedure system and penalty of misdemeanor,etc.It is a systematic legal system.Based on this part,the trial mode,litigation procedure and penalty setting of misdemeanor are also conceived.Based on the existing legal system,we hope to build a legal system of misdemeanor with Chinese characteristics to meet the needs of governance in reality and to respond to the security needs of the people.