Research On The Establishment Of Misdemeanour System Under The Activity Of Criminal Legislation

At present,China’s criminal legislation has been characterized by criminalization,early punishment and heavy punishment.The activists take the positive criminal law view as the basic position,take the position of risk prevention and the practical demand of crime governance;the negative view is the affirmation of the inevitability and necessity of the current criminal law,but the adverse effects of the criminal circle and penalty right expansion should be revised and restricted.First,the misdemeanor system refers to the system complex based on the severity of crime through certain standards based on the standpoint of the criminal law,and the special misdemeanor punishment mechanism,including the judicial mechanism of punishment and the simple and rapid litigation procedure,so as to realize scientific and effective misdemeanor governance.Second,the value of the criminal legislation under the active crime system is,realize the crime circle expansion,punishment and punishment rationality and necessity of correction,is the implementation of criminal policy,realize the minor punishment punishment principle,in practice can promote the reasonable allocation of judicial resources,improve the efficiency of light crime governance.Third,from the perspective of extra-regional experience,countries generally stratify crimes,with lenient punishment allocation for misdemeanor such as non-imprisonment,fine application,public welfare labor,and simple and quick processing procedures such as protection and observation,etc.Fourth,the specific structure of misdemeanors in China mainly includes the delineation of misdemeanor circle,supporting misdemeanor punishment and supporting procedures.A misdemeanor is a crime with the maximum sentence of three years within the criminal circle defined by the criminal law.In the handling of misdemeanor,the lighter punishment for misdemeanor mainly includes non-imprisonment,probation,fine,community correction,improving the misdemeanor judicial crime system mainly includes expanding the application of non-prosecution,criminal reconciliation,criminal quick adjudication procedure,and the establishment of misdemeanor crime record elimination system.