| Since the modern European enlightenment movement, the mitigation of punishment become world major trends of the development of criminal law. After the world warâ…¡, the world criminal policy towards the so-called "minor criminal policy"and "grave criminal policy"two different directions.Gently refers to minor criminal.Accidental crime, first offender, including a negligent crime, subjective vicious not heavy criminal punishment lighter. This minor criminal in setting light punishment on the one hand. Realize heavier punishment for crime punishment has not only not way inhibition caused people, instead of rebellious attitude, and cause the social harmfulness has become a big crime. Therefore for minor criminal lighter penalty taken, this set mode not only on one hand is to let the criminals do not from society, improve the conditions to return to society, on the other hand is to avoid modification in jail and a felony thinkers who minor criminal cross infection, and can reduce the work of judicial organs pressure and financial burden, focusing on treatment on social harmfulness larger crime.On October 1998,the Chinese government has also and signed<the civil rights and political rights international convention>. In March 2004, the National People's Congress passed through constitutional amendment and special added "state respects and safeguards human rights" rules. So Visible China has attached to the minor crimina lbig international trends in light within. In the current trend of punishment mitigation of light, minor the criminal policy of light place model has been all over the world. Countries adopted depenalization, the judicial, etc. Various kinds of measures. The light punishment is a kind of historical development tendency, also is the inevitablre quirement of humanity of criminal law. Will depenalization, unimprisionment, the judicial and punish such thoughts into specific e-portfolio law is the embodiment of the countries' legislation among.Because for minor criminal shall take the lighter criminal policy to undertake punishment, not only conforms to punish tolerance thoughts, and can save the cost, make the cost in penalties with with larger social harmfulness of the crime. So many countries to the penal code, criminal misdemeanor legal classification and a felony, divided into more embodies the "gently with the criminal policy of. At present, our country does not exist in the sense of minor criminal classification system, the criminal law of the crime is not the division of misdemeanor, felony. This is a missing legislation. But although China no legal classification sense of misdemeanor concept and misdemeanor system, but from our legislation shoddily implied condition and in judicial practice, still can see the difference between felonies and misdemeanor. In legislative, judicial and procuratorial aspects of the provisions of the misdemeanor has a special judicial and practice.Such as:for misdemeanor, in law allows within the scope of the misdemeanor less as far as possible sentence of imprisonment with or without punishment method. In the process of the proceedings, trying not to minor criminal taken or less take custody of the coercive measures, a plea to undertake criminal reconciliation offenders ending judicial procedure, to the minor crime cases, cited as take secret means to maximize reduce buttheir negative influence. The research "light place" question for misdemeanor perfect our country's criminal law is of great theoretical value and practical significance.In this paper, on the basis of past research for establishing the system of the misdemeanor compared systematically discussed. From our misdemeanor legislative, judicial and procuratorial aspects of unreasonable condition, expounds the design and rational misdemeanor program in China, thus reference system of criminal misdemeanor processing program of reform framework puts forward some superficial view.Total more than 30,000 words, full text includes four parts to minor criminal problems of systematic introduction. The first chapter mainly introduces the academic research status of misdemeanor system, the concept of minor criminalThe first chapter is the concept is defined, according to world legislation to the concept of punishment different misdemeanor define, and according to our country criminal law and our judicial practice in China, the division of the misdemeanor and a felony standardsThe second section of "misdemeanor concept of judicial practice," from the definition, main aspects of the crime to be proven.The second chapter is studied our country legislation is how to define the minor criminal. Mainly analyzes our country controls punishment, fine punishment, probation specific legislation aspects of "minor criminal"define, and according to the definition of legislation in our country, analyses the provisions of the "misdemeanor" what are the disadvantages, and puts forward the new legislation the drawback of Suggestions.The third chapter is a minor criminal to judicial and the applicable. How sentenced The first section explores from ideology in China, mainly is the disadvantages of misdemeanor to implement process, in court by long-term under the influence of pan-moral penalties, for minor criminal less. In the second quarter from our from our own penal system XingZhong analysis on judicial practice in China, some drawbacks in specific from our control punishment, fine punishment, probation to analyze the judicial practice in China, and according to what are the disadvantages forward constructive Suggestions to improve the drawback of the misdemeanor in penalty.tThe fourth chapter is"the prauratorial organ is how to prosecute and misdemeanor" arrest, analysis of "prauratorial organ, the prosecution misdemeanor" what problem thereMain show is in compulsory measures for arrest rate, high performance; In the exercise of administrative umpirage on prosecution, expression is relatively not to prosecute rate is low. For these problems, prauratorial organ shall how to improve. |
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