Research On The Construction Of Our Country's Misdemeanor System

In recent years,China's crime situation has changed,and the proportion of minor crimes in the total number of crimes has increased.China's "strict but not comprehensive" penalty structure is difficult to adapt to the influx of a large number of misdemeanors,resulting in the problem of “Misdemeanor not minor”.The construction of a misdemeanor system,a clear distinction between misdemeanors and felonies,and the adoption of a relatively mild punishment for misdemeanors are in line with China's criminal policy of tempering justice with mercy.The construction of misdemeanor system includes the definition of misdemeanor scope,the choice of legislative model,the allocation of misdemeanor penalty,and the design of misdemeanor supporting procedures.in terms of the division of misdemeanors,the division of misdemeanors is limited to three-year fixed-term imprisonment,which is in line with the current situation of legislation and judicature in China;In terms of legislative mode,we choose to set up a separate light crime law,which stipulates light crimes,the criminal law stipulates serious crimes,and the public security punishment law stipulates administrative violations,so as to realize the three-level criminal sanctions system;In terms of penalty allocation,we should improve the prohibition of employment,expand the application of fine penalty,accurately allocate probation,and realize the mitigation of penalty;In terms of misdemeanor procedure,we should improve the quick adjudication procedure,divert the complexity and simplicity of the judicial procedure,establish a system for the elimination of misdemeanor criminal record,and help criminals return to society.