Mode Selection and Realization Path of Misdemeanor Governance in the "Misdemeanor Era"

Along with the transformation of the criminal structure, China has entered the era of misdemeanor crimes, and the traditional mode of governance is in urgent need of innovation. Currently, there are multiple dilemmas in misdemeanor governance: at the conceptual level, the concept of punishment is more important than prevention, and the concept of crime and punishment is rigid and ignores individual differences; at the policy level, the implementation of the policy of leniency and severity is weak, and the participation of social forces is low; at the rule level, the definition of crime and non-crime is vague, and the standard of non-prosecution is not uniform; and at the institutional level, the consequences of the penalty are stringent, and the litigation process is inefficient. In this regard, it is necessary to improve the system of misdemeanor management in four aspects: first, strengthening the training of judicial personnel, deepening the understanding of the policy of leniency and severity, and establishing a preventive orientation; second, increasing the investment of the government, guiding the participation of social organizations in helping, and optimizing the allocation of judicial resources; third, the legislature is to refine the standards of crimes and misdemeanors, and the procuratorial authorities are to unify the quantitative rules of non-prosecution; and fourth, to set up the system of misdemeanor records blocking to alleviate the labeling effect, and optimize the Fourthly, a system for sealing records of minor offences should be established to reduce the labelling effect, and criminal procedure should be optimized, with links strengthened and processes simplified to enhance judicial effectiveness and to promote the construction of a scientific and effective pattern of governance for minor offences.