The Advocacy Of Light Punishment For Pure Administrative Offenders

“Criminal Law is not only the Magna Carta of the innocent,but also the Magra Carta which makes the sinner”.This legal saying can be well interpreted by the light punishment of pure administrative offenders.To cope with the unexpected arrival of the risk society,the appearance of statutory offenses marked the beginning of the era of activation by criminal legislation,which characterized by “risk criminal law”,“preventive criminal law” and “active criminal law”.Considerable criminalization is an inevitable choice for China to deal with social risks and challenges under the dual governance system of illegal and criminal crimes;and the tendency of considerable light punishment should be a part of China’s modernization reform of criminal penalty.According to the new classification standard and type thinking,the types of administrative offenders and criminal offenders can be divided into pure administrative offenders and impure administrative offenders under the concept of diversification and precision of crime governance.However,the significance of the classification of crime types is not only in the field of crime theory,but also in the theory of punishment.In other words,whether it is the type distinction between administrative offenders and criminal offenders,or pure administrative offenders and impure administrative offenders,the fundamental significance lies in realizing the different punishment of crime types and pure administrative offenders is the product of type thinking and the concept of differentiated punishment.The academic circles generally maintain a positive attitude about whether the punishment of administrative offenders should be lightened,but when it comes to why should the punishment of administrative offenders be lightened and how should it be lightened,they simply keep silence.Some scholars argued the rationality of the light punishment for administrative offenders,but it is less involved in the construction of specific methods for the light punishment of pure administrative offenders.Therefore,the proposal of “the proposition of light punishment for pure administrative offenders” is not only an in-depth study of the different punishment for administrative offenders from previous studies,but also a reflection on the“proposition of light punishment for general administrative offenders”.In a sense,the light punishment of pure administrative offenders is a paradigm shift from spontaneous to conscious of the concept of differentiated punishment of administrative offenders.Why are pure administrative offenders should be lightened? It lies in its theoretical support of particular criminal nature,modesty character and the limited function of punishment;the reverse elimination of the expansion of pure administrative offenders by light punishment,the structural defects of pure administrative offenders punishment and its strong social sense of punishment power form the basis of its reality.How can pure administrative offenders be given light punishment? The construction of the specific methods of light punishment for pure administrative offenders runs through the whole process of legislation,judiciary and execution: Firstly,to complete the system supply of light punishment system through improving the punishment system,constructing the security punishment system and elimination system for criminal convictions;secondly,to strengthen the judicial application of the light punishment of pure administrative offenders by improving the ability of criminal judges to identify pure administrative offenders,changing their sentencing thinking,attaching importance to the coupling of the sentencing logic and sentencing experience of pure administrative offenders,and strengthening the sentencing review and sentencing supervision of pure administrative offenders;thirdly,to promote the socialization of pure administrative offenders’ execution by strengthening the socialization of pure administrative offenders’ custodial execution and non-custodial execution.