Research On The Regulation Of Criminal Law On Minor-Crime

In form,minor crime refers to the crime of criminal detention with the statutory maximum penalty.In essence,it should be evaluated subjectively and objectively in terms of social harmfulness of the act and subjective malignancy of the actor.The establishment of micro-crime has theoretical basis and non-exclusive application basis.As the statutory maximum penalty,criminal detention has impacted on the transformation of heavy penalty structure in China.The establishment of micro-crime not only responds to the criminal policy of "combining leniency with severity",but also reflects the legal concept of protecting human rights,the tight criminal law network and the legislative trend of "overall lightening".In the sense of classification of crime,it also has substantive,procedural and executive significance.At the level of jurisprudence,the criminal law regulation of mic ro-crime is the embodiment of criminalization.In the structure of crim inal law,micro-crime is the concretization of "strict but not severe".T here is no necessary connection between legislation on minor offence s and risk society.At the legislative and practical level,the sentencing of minor offences meets the objective needs of social development.It has the epochal characteristics of attacking and deterring crimes and protecting new legal interests,and can improve the moral quality of the people.However,it also has the defects of violating human rights,increasing the burden of litigation and not conducive to the re-socialization of the perpetrators.The reasons lie in the ambiguity of the criminal charges,the ambiguity of the boundary of the dual sanction system,the imbalance of the punishment system causedby the imperfection of the short-term free punishment,and the heavy negative effect of the minor crime punishment on the criminals.Therefore,in the direction of legislation,the criminalization of administrative illegal acts should be strictly restricted.In legislative operation,criminalization and non-criminalization should be considered together.The legislation setting of micro-crime as a sentence should conform to the principle of clarity,adopt the stipulation of describing the charges and detailing the specific circumstances and consequences in a quantitative way.Improve the relevant supporting system of micro-crime and increase non-penalty penalty measures,including ordering the concurrent payment of fines for repentance.We should improve the criminal record system and implement a conditional reporting system for minor crimes,with the principle of non-reporting and the exception of reporting.Criminal detention should be included in the object of community correction.