The Construction Of The Misdemeanor System In China

The distinction of misdemeanor and felony is a statutory classification of crime in criminal law code in many countries, but in China no sense of statutory classification of felony and misdemeanor concept, does not exist independent of misdemeanor system. Construction of misdemeanor system if it is really necessary, he can not only reasonable bridge in our country criminal acts sanction system structural faults, but also can effectively solve the case less than the problems existing in the judicial practice of our country at present, optimize the allocation of judicial resources limited, is also the lenient and strict criminal policy necessary requirements.This paper has four chapters,: Chapter one is the overview of the misdemeanor system, basic theory analysis of misdemeanor start, elaborated the misdemeanor concept as well as the misdemeanor system concept, explore misdemeanor system value orientation. In the second chapter, we analyze the establishment of misdemeanor system the necessity, from the problem of analyzing the abuse existing in the system of criminal sanctions, explore "case much less" phenomenon behind the judicial efficiency is not high and the reasons for the status quo. The third chapter elaborates the misdemeanor system faced with dual pressure of tradition and the present situation, including traditional culture to crime for evil, to crime bound for the concept of shame, toward a misdemeanor in the coordination of the existing criminal law system and the present academic circles dispute. Chapter four put forward their own point of view, from two aspects of entity and procedure in the face of system the concrete conception and design, put forward including misdemeanor adjustment range, penalty misdemeanor, criminal speed cutting system, procedural diversion system, the system of elimination of criminal record and so on.