Research On The Expansion Of Misdemeanor Crimes In My Country ——Based On The Analysis Of The Eleventh Criminal Law Amendment

"Misdemeanor" is only a theoretical concept in China,and it has not been clearly defined in law.However,from the perspective of ordinary people,people usually think that the crime with lighter legal penalty belongs to misdemeanor,and the crime with heavier legal penalty belongs to felony.The argument that misdemeanors tend to expand is mainly based on the analysis of the previous amendments to the criminal law,especially the Eleventh Amendment to the criminal law.In the amendments to the criminal law issued in recent years,it is not difficult to find that many acts did not belong to crimes before.However,due to various considerations,the criminal law still defines them as crimes,only with lighter punishment in terms of punishment measures.For the expansion of misdemeanors,many people believe that some acts should not be classified as crimes,such as drunken dangerous driving,illegal introduction,release,discarding alien invasive species,throwing objects at high altitude,etc.they believe that such acts will aggravate social contradictions and the practical problems faced by the judiciary.However,from the current actual situation,it seems that this kind of behavior can not be well regulated by other legal norms,and can only be solved by criminal law.Therefore,there are a series of problems,such as whether the expansion of misdemeanors is reasonable and how to solve the problems caused by the expansion of misdemeanors.Accordingly,this article will focus on the above issues to discuss the expansion of misdemeanors.This paper is divided into four parts.The first part analyzes the misdemeanor and its related concepts.First of all,analyze the concept of misdemeanor in our country,and determine the definition of misdemeanor in our country.Then it introduces the foreign provisions on misdemeanors,trying to inspire from the relevant foreign provisions.Finally,this section also discusses the relationship between misdemeanor expansion and criminal circle expansion,and concludes that misdemeanor expansion is actually a manifestation of criminal circle expansion.The second part discusses the performance and reasons of misdemeanor expansion in China’s criminal law.The expansion of misdemeanors is reflected in the eleven amendments to the criminal law.Taking the criminal law amendment（11）as an example,this paper analyzes which misdemeanors have been added,and also analyzes the main reasons for adding these new crimes,including the endogenous reasons for the legal lag,relevant criminal policies and external reasons for social transformation.The third part puts forward and analyzes the theoretical disputes and practical problems caused by the expansion of misdemeanors.In terms of the current social environment,the expansion of misdemeanors is an inevitable trend,but the resulting problems can not be ignored.Through literature analysis and citing a large number of data,this part concludes that the problems arising from the expansion of misdemeanors at present mainly include the theoretical dispute over whether the expansion of misdemeanors violates the modesty of criminal law,and the practical problems such as the expansion of misdemeanors intensifies the "human case contradiction" of judicial organs,intensifies the regulatory burden of detention organs,and intensifies the labeling of crimes.The fourth part puts forward specific countermeasures against the problems caused by the expansion of misdemeanors.This part mainly provides targeted suggestions for the problems put forward in the third part,mainly including the exploration of the true connotation of the modesty of criminal law,the discussion of the methods to solve the problem of "human case contradiction" from the perspective of investigation,prosecution and trial,the conception of non custodial supervision measures and the reconstruction of the system of criminal record of misdemeanor.