Research On The Pan-criminalization Of Social Governance

Social governance is supposed to be a multivariate,interactive and harmonious action process,but in the current social governance,it presents an abnormal tendency of pan-criminalization.Both legislation and judicature reflect the overreaction of criminal law to social life,the pre-establishment of legal benefit protection,and the tendency of the crime circle expanding continuously.The idea of humility and restraint of criminal law should have multiple values such as protecting the interests of victims,resolving social conflicts,and maintaining social stability.The normal governance mechanism and means,such as township rules and regulations,classification correction,public security management punishment,etc.,have been idle.The penalty is a kind of governance means to prevent evil and highlight deterrence.It should be the last Dyke of social governance.Its severity determines that its use must be in line with public opinion.There are many limitations in using it as a normal means of social governance.To a large extent,it is at the expense of citizens ’personal rights and limited judicial resources.The intrinsic motivation of this tendency lies in the absence of normal social governance mechanisms,the deep-rooted concept of universal criminal law,and the excessive response to criminal policy and public opinion.This general approach to criminalization has led to an increase in the number of first-instance cases and the number of criminals,which is far from the expected goal of social governance effectiveness.At present,the problem of the general criminalisation of social governance exists in various aspects such as legislation and judicial practice.The performance in the legislative process is mainly the abuse of charges,the preemption of legal protection,and the over-criminalization of terms.This has been particularly evident in recent amendments to the Penal Code.This kind of practice in legislation will inevitably affect judicial practice.In recent years,the Tianjin Air Gun case and the corn purchase case all reflect the expansion of criminal justice.There are certain political,economic and social reasons behind any phenomenon,and the reason why we rely so much on the criminal law to solve the problem of social governance.It is closely related to the historical and cultural tradition of heavy punishment,the harsh criminal policy and the lack of social governance mechanism.This tendency to generalize the criminal law must be taken seriously.After all,this kind of governance method of drinking poison and quenching thirst will bring about problems such as the weakening of the freedom guarantee function of the criminal law,the reduction of the authority of the criminal law,and the virtual consumption of the criminal law.For criminal law measures,they need to be rationally deployed in the National governance system,and the problem of excessive expansion should be solved through such normal means as the diversification of social governance patterns,the return of basic criminal law concepts,and the improvement of the criminal law crime system.