Applicable rules for improving the punishment of light crime
January 09, 2024 15:27 Source: "Chinese Social Sciences" January 9, 2024 Issue 2811 Author: Qiu Shuaiping

Looking at the amendments to the Criminal Law,The structure of the criminal law is basically improved in the direction of "strict but not strict",Although many new crimes are added,But the overall punishment configuration is lighter。Judicial practice indicates,The number and proportion of felony cases in my country in recent years have continued to decline,The number and proportion of light crime cases increase significantly。From this,The current society is labeled by many scholars,Light crime governance has received high attention。Current,Related criminal law research is mainly focused on the adjustment of crime circles at the Legislative Course and the reform of the punishment system。However, at the explanation level,The punishment of light crime governance is applicable,It is also a very important basic problem。

  bet365 Play online games

Light crime governance is a way to diversify、Systematic comprehensive governance。Internal essence and functional positioning of punishment,Determine that it should maintain humility,Adhere to this principle is particularly important in the governance of light crime。

First,Double -layer progressive evaluation of behavior。On the one hand, consider whether it is necessary to punish。"Sinnings must be punished" as a principled punishment concept,No Bet365 app download exception,"Dan Book" in Article 13 of the Criminal Law is an example.。So,The social harm of behavior should be substantially judged,For some minor behaviors of society,You can not punish it。On the other hand,When it is necessary to punish,Also consider whether to use punishment。my country's national punishment method has party discipline、Government Affairs、Civil punishment compensation、Five types of administrative punishment and criminal punishment。In the governance of light crime,The concept of overall punishment should be adhered to,Consider the necessity of using punishment。

Next,Give play to the role of supporting system。In recent years,Criminal reconciliation、Crime and confessing penalty、Application of criminal compliance and other systems,Enriched the way of dealing with light crimes,Reduced the punishment rate and punishment strength of the punishment of light crime。These systems actually establish a "buffer belt" between crime and punishment,Let some "getting lost" actor avoid becoming a criminal or return to society as soon as possible。

Last,Acknowledge the replacement and deficiency of the punishment。Among some light crime cases,punishment is not necessarily the most severe means,It is not necessarily an indispensable means。For example,my country does not punish the fines、Administrative fines、Connecting coordination of punitive compensation,As a result, administrative fines bet365 Play online games occur in practice、The amount of punishment compensation is higher than the amount of fines of fines。Another example,The current punishment for the unit is only a fine,But in administrative penalties, there are heavier punishments such as revoking business licenses similar to "death penalty"。

 Adhere to the application of non -prison forbidden punishment

According to the current punishment system,The prison suitable for light crimes is mainly imprisonment、Control、four types of detention and fines,The diversity of punishment seems to be relatively limited。But,Correction of Criminal Law in recent times,The scope of application of fine punishment is expanded,The control punishment is perfected,The content of probation and other systems is increasingly rich,The criminal office of non -prisoners is increasingly valued。In the governance of light crime,This trend of penalties for punishment for non -prison should be strengthened。

On the one hand,Adhering to the concept of non -necessary unsuitable,Implementing the necessity review system in time。For most light crimes,Applicable to short -term free punishment,Whether it is punishing and preventing crimes,It is still not ideal in terms of economic and social effects。plus,The punishment measures for non -supervisors are becoming more and more complete,The legitimacy of light crime applicable to imprisonment is getting weaker and weaker、The space is getting smaller and smaller。From the perspective bet365 best casino games of criminal integration,May wish to learn from the necessity review system in the Criminal Procedure Law,Implementing the need for imprisonment necessity review system in judicial practice。

On the other hand,Give full play to the additional advantages of fine punishment and "quasi -qualification punishment"。Criminal Law Amendment in recent times,Although it did not shake the punishment system,But the content that is closely related to it,In particular, it is represented by the provisions of the prohibition and the prohibition of the industry。These regulations involve the behavioral qualifications or restrictions on behavior of the perpetrator,It belongs to the scope of "can" applicable,So,can be regarded as "quasi -qualification punishment"。From the perspective of diversified punishment,The application of non -prison forbidden punishment is nothing more than the culptation of punishment, imprisonment and detention of probation,Only full application of fine punishment and "quasi -qualification punishment",Give full play to its additional advantages,Only the most appropriate governance method can be matched with different types of light crimes。

 The limit of responsibility for punishment

Tong said that,The principle of responsibility should be implemented,Responsibility principle Set the upper limit of punishment,Allows to reduce penalties based on other reasons。But,The principle of responsibility shall set a "head and end" scale for punishment。As Hegel said: "As long Bet365 app download as you measure more or less,Light behavior will be over the scale,The transition of justice will be unjust。”

On the one hand,The concept of criminal law should be adhered to,The responsibility of the perpetrator internal grasping the perpetrator。As far as the governance of light crime,Should get rid of sports judicial concepts。For the actor who criminals,If its personal danger is indeed lower、The possibility of re -offending is indeed very small,The probation of the probation shall be sentenced to probation,During the execution process, the sentence should be reduced、parole,It should be done as follows。Can't blindly based on a temporary policy consideration without actuality,Herbon impose overweight criminal liability。other,It is also necessary to face up to the social responsibility that the actor should bear。Light crime treatment occasions,In the actor、The relationship between the three of the victims and society,The social responsibility of the actor is the easiest to be ignored。Social harm is the essential attribute of crime,Even if it is light crime,punishment is not just between the actor and the victim、What happened between the prosecutor and the defender。Even if there are no victims or forgiveness of the victim,It cannot be for the purpose of improving judicial efficiency,I only confess for the crime、Criminal reconciliation, etc.,Let the punishment be false or too light。The phenomenon of controversial Bet365 lotto review "how long is it closed" and other phenomena are worthwhile。

On the other hand,It should be adhering to the system concept,Overall measure the responsibility of the perpetrator。Inside the category of a single method,The responsibility that the actor should bear is generally clear。But,According to my country's rule of law system,The consequences of laws that may cause criminal behavior are often superimposed by multiple laws of sanctions,Even some attached consequences similar to sanctions。For example,Drunk driving behavior not only violates the crime of dangerous driving,It may also lead to party discipline and government affairs、Administrative Penalty, etc.。From this,It is necessary to establish a connection mechanism on the liability of relevant subjects from the perspective of the unity of legal order,Overall grasping the scope of the responsibility of the perpetrator,Measure the weight of its responsibility。

  (This article is the State Social Science Foundation Project "Research on the Construction of Prevention Punishment Mechanism based on the order of unified law" (21CFX070) phased achievement)

(Author Unit: School of Law and Public Management of Hunan University of Science and Technology)

Editor in charge: Zhang Jing
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link:

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026