A Study On The Standardization Of Criminal Sanctions For Minor Crimes

In recent years,China’s social situation is constantly changing,the construction of the rule of law is constantly progressing,the criminal circle in China is gradually expanding,and a large number of minor illegal acts are punished.For example,with the abolition of the re-education through labor system,the criminal law has lowered the threshold of entry into crime and criminalized many acts that were originally only used as administrative punishment.As a result,the scale of minor crimes in China has gradually expanded and the number of minor crimes has increased sharply.Take the crime of drunk driving dangerous driving as an example.Since the crime of drunk driving dangerous driving was sentenced in 2011,the number of cases has been increasing year by year,and even the crime of drunk driving dangerous driving has surpassed the number of cases of theft and become the largest number of cases in China.The original system of criminal sanctions was set up for serious crimes.After a large number of petty crimes are brought into the criminal law,China’s criminal sanctions system has not been adjusted accordingly.This will greatly waste the limited judicial resources,and is not conducive to the realization of the goal of criminal sanctions in China.Therefore,the research on the standardization of criminal sanctions for minor crimes is imminent.We must perfect the system of criminal sanctions for minor crimes and allocate judicial resources reasonably.This paper is divided into four parts.The first part is the definition of petty crime and the target of criminal sanction.Firstly,it introduces the hierarchical system of crime in France,Germany,the United States and Russia,including the classification levels,classification methods and sanctions,which can provide reference for the concept definition of minor crime in China.Then on the basis of expounding the theoretical viewpoint of the standard definition of minor crime in the criminal law field of our country,the definition of the concept of minor crime is put forward,that is,minor crime is a crime whose statutory punishment is detention,and minor crime is a crime whose statutory punishment is less than 3 years’ imprisonment.Minor offenses include misdemeanors and minor offenses,so the statutory penalty for minor offenses is not more than 3 years imprisonment,including criminal acts of public surveillance and criminal detention.The goal of criminal sanction for minor crimes is embodied in three aspects: prevention is the main principle of sanction,personal danger is the main basis of punishment,and both penalty method and non-penalty method are adopted in the measures.The second part investigates the actual situation of criminal sanction for minor crimes.Type of drunk driving dangerous driving sin,pickpocketing larceny,minor consequences of intentional injury and fixed-term imprisonment shall be sentenced to fixed-term imprisonment of not more than three years three years following the dangers of food safety crime,four minor criminal trial situation investigation,discovered that I though minor crime criminal sanctions in practice overall performance out of the sanctions characteristics of relatively slow,But there is still a certain gap with the target of criminal sanction of this kind of crime,forming a certain deviation.It is embodied in the following aspects: first,the concept of precaution is not outstanding;second,the result of sentencing is mostly the embodiment of social harmfulness;third,the criminal sanction lacks non-criminal punishment methods.The third part explores the dilemma of criminal sanctions for minor crimes.This paper analyzes the causes of the existing problems in the criminal sanction of minor crimes,including legislation and judicature.On the one hand,in the aspect of legislation,China’s criminal punishment structure which focuses on imprisonment and lays more stress on the plane and the monorail system of criminal punishment system which focuses on punishment for felonies restricts the choice of criminal punishment for minor crimes.On the other hand,in the process of criminal justice,the staff’s lack of awareness of the pressure of punishment for minor crimes,the prevalence of the idea of punishment for felony,and the dilution of the awareness of crime prevention are also important reasons for the predicament of punishment for minor crimes.The fourth part puts forward the standard suggestion of criminal sanction for minor crime.In terms of legislation,we should improve the criminal legislation system,adjust the statutory punishment for minor crimes,and improve the non-criminal punishment system.On the judicial front,it is necessary to standardize criminal judicial activities,highlight the concept of crime prevention,apply criminal sanctions flexibly,and amend the criminal enforcement system.Through the above measures to solve the practical difficulties of criminal sanctions against minor crimes,standardize the criminal sanctions against minor crimes in China.