Abstract:
The governance of misdemeanors in China adheres to the concept of placing equal emphasis on both crime punishment and management. Based on legal qualification and judicial quantification, primarily focusing on rapid case handling and preliminarily establishing conditional decriminalization rules and a mechanism that transfers less harmful illegal acts from criminal to administrative penalties is of positive significance. However, misdemeanor governance is a systematic project. Overall, there are deficiencies in China's misdemeanor governance, such as an excess of policies but insufficient systems, an excess of punishment but insufficient correction, an excess of speed but insufficient slowness, an excess of confrontation but insufficient negotiation, and an excess of cooperation but insufficient restraint. To enhance the efficacy of misdemeanor governance and transform policy advantages into institutional strengths, the crime stratification system should be refined as a foundation and the following measures should be taken: establish a system for conditional exemption of misdemeanors, perfect the judicial slow processing mechanism for misdemeanors, reduce the application rate of coercive measures for misdemeanors, establish an institution for sealing records of misdemeanors, and perfect the restraint mechanism for handling misdemeanors.