Study On The Construction Of Misdemeanor System

Misdemeanor and felony division are embodied in the criminal code in many countries, but in China but no statutory classification of the misdemeanor and felony and misdemeanor is still a theoretical concept. In recent years, with the deep development of the crime theory, many scholars gradually began to pay attention to the problem of construction of misdemeanor system, and began to explore the establishment of misdemeanor law related issues. Some scholars from different positions and angles of view, that the establishment of misdemeanor concept, the establishment of misdemeanor system is beneficial to solve some of the problems existing in the construction of criminal legal system of our country, both theoretical defects, including the practice of the specification is not clear. However, the research status and problems of the depth of misdemeanor is not sufficient to support the establishment of misdemeanor system reform. At present, our country does not exist in the misdemeanor crime classification system, which is mainly due to our definition of a crime includes quantitative factors, constitute a crime is not only a qualitative requirements, but also the amount requirements.And the study of "misdemeanor" is not the meaning of penalty misdemeanor, but the sense of minor criminal classification. The boundaries of the reasonable division of the misdemeanor is the key problem in the study on the misdemeanor system, this paper argues that in the framework of our country’s current criminal law system, one is to conform to the standard principle, that is to say, take consider comprehensive legal punishment and severity of two factors will "criminal law" provisions of part of the crime division for misdemeanor; the second is the scope of the concurrence of "Public Security Management Punishment Law" and "criminal law" act on the part of the division to a misdemeanor; the third is the original reeducation through labor regulations act on the part of the division to a misdemeanor crime; the fourth is considered part of the need to be the scope of the crime of harm behavior is divided to a misdemeanor. Using the misdemeanor and felony division based construction of misdemeanor in China, and ultimately the formation of "Public Security Management Punishment-misdemeanor -- felony violations of the sanctions system, has the profound significance to improve the existing illegal behavior sanction system.This paper is divided into three parts, shallow analysis the misdemeanor system construction and the establishment of misdemeanor law of some suggestions.The first part mainly introduces the basic theory of misdemeanor system construction, to build a good foundation for the misdemeanor system. Through the understanding of crime and misdemeanor system connotation and extension of crime is the development direction of our country’s criminal law system, the analysis of the relationship between crime and misdemeanor system construction.The second part from four aspects to explain why China needs to construct the misdemeanor system. Construction of misdemeanor system is our country at present, further improve the criminal law system of a useful attempt, but also conform to the trend of the development of criminal law, not only conforms to the basic policy of the criminal law of our country, but also can effectively promote the efficient allocation of judicial resources.The third part is about some of our country in the legislation on the establishment of misdemeanor law suggestion. From the entity and the procedure two aspects to our country set up light crime law carries on the idea and the demonstration. Finally it is feasible and necessary to set up light criminal law in China’s current criminal law legislative system and within the framework, hope can lead to more people to pay attention to and demonstrated how to in our country set up light crime method.