Negative Consequences And Control Strategies Of Misdemeanor Expansion Under Positive Criminal Law View

Under the influence of the positive view of criminal law,since the comprehensive revision of Criminal law in 1997,there have been eleven amendments to criminal law,and the legal net has been gradually tightened.Among them,expanding the criminal circle of misdemeanors has aroused wide discussion in the academic circle.This is undeniably forward-looking in preventing social risks.However,it cannot be ignored that,for example,the crime of drunk dangerous driving,the deterrent force of criminal law brought by the expansion of misdemeanour has been weakened,and the adverse consequences such as excessive crowding of judicial resources and the aggravation of social conflicts caused by the increase of "label effect" coverage groups also need to be solved.In this regard,in legislation,China can explore the formation of criminal legislation principle system with the protection of legal interests as the basic guiding principle and the proportion principle as the auxiliary principle.In the process of criminal legislation,the principles of proper purpose,appropriateness,necessity and proportionality are taken as the measuring standards of the legality and rationality of criminal legislation,so that it can limit the excessive expansion of criminal legislation for misdemeanor crimes to a certain extent,and ensure that criminal legislation is more rational and scientific under the positive view of criminal law.In judicature,judicial organs can actively explore ways of crime in the stage of review,prosecution and trial,effectively diverting the groups of minor crimes,so as to achieve a reasonable distribution of judicial resources and control the "explosive" growth of the groups of minor crimes.To be specific,on the one hand,we should explore and perfect the conditions for the use of discretionary nonprosecution or conditional non-prosecution,so that some misdemeanor crimes can be properly dealt with in the stage of review and prosecution;on the other hand,we should fully grasp the applicable points of the "proviso" crime,and timely distribute the minor acts that do not meet the requirements of "quantitative".On the follow-up measures,we should strengthen the regulations and administrative normative documents for the record censorship,to prevent rejection of exaggerated criminal record,makes the civil rights or social welfare is not limit or deprive,thus hindering normal production and living of the citizens,should be based on the basic national conditions at the same time,explore broaden the scope of the criminal record storage system,and set up a record elimination system,Steady progress to solve the misdemeanor expansion of the negative impact on the perpetrator.