Research On The Impunity Mechanism Of Misdemeanor And Petty Misdemeanor

With the advent of the risk society,China’s criminal legislation concept has changed,and under the influence of positive legislative view,China’s criminal circle has shown a gradual expansion tendency.In the new amendments to the Criminal Law,whether it is new crimes or expanded old crimes,the vast majority of crimes belong to the category of minor crimes,and at present,both in terms of the number of types of crimes and the number of criminal offenses,minor crimes account for a fairly high proportion.In the face of the increasing number of petty crime cases,China’s innocence rate has not increased but decreased,which shows that China’s criminal path is not smooth,but also illustrates the dysfunction of China’s criminal law,so studying the path of petty crime has become an urgent problem to be solved in China’s construction of a rule of law society.Defining the specific scope of petty crimes in our country is the first step in establishing a corresponding mechanism,and there are currently several different doctrines in our country,each based on different doctrines.These doctrines can be divided into two broad categories: the theory of the formal standard of punishment and the substantive standard theory that takes into account various factors in general.These theories have their own advantages and disadvantages,and should be applied comprehensively in light of China’s actual conditions,drawing on each other’s strong points.At present,the specific path of minor crimes in China mainly relies on the "The Proviso to Article 13 of the Criminal Law" and the substantive interpretation of the constituent elements of the crime,the application of both of which are currently defective,the author proposes several possible ways to solve this defect through the analysis of specific crimes and corresponding cases: first,the scope of crime can be excluded by the limited interpretation of the elements of harmful acts stipulated in the law to exclude acts that only have form but not substantive punishability;Second,through the standardized application of the "The Proviso to Article 13 of the Criminal Law",the shortcomings of the current judicial "The Proviso to Article 13 of the Criminal Law" are misused,misused and abused;Finally,based on the corresponding judicial practice and extraterritorial experience,two special criminal models are proposed.Of course,excluding minor crimes from the scope of crimes does not mean that such acts are not subject to any legal responsibility,and better social governance effects can be achieved through the connection with other relevant laws to compensate for the social damage caused by such acts.At present,this convergence of dilemma is mainly in the "criminal punishment and entering the industry",such as the blurring of the boundary between criminal violations and administrative violations,the priority of administrative responsibility and criminal liability,and the aggregation of the two,etc.,through the sorting out of these problems,to achieve the effect of smoothing the criminal circuit and building an integrated crime mechanism...