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Law

To achieve the transformation from "criminal thinking" to "governance thinking"

2024-02-04   

To meet the development requirements of the new era, efforts should be made to promote the transformation from a "criminal thinking" to a "governance thinking", release judicial goodwill, strive to promote modernization of national governance, and promote social harmony and stability. According to reports, in recent years, China's criminal structure has undergone profound changes, with the proportion of cases sentenced to less than three years imprisonment rising from less than 55% in 1999 to over 85% in 2022. "The governance of minor offenses is increasingly receiving attention and is an inevitable trend in the development of China's criminal rule of law." According to professionals, improving the governance system of minor offenses with Chinese characteristics and promoting the transformation of criminal litigation models towards a direction more conducive to modernization of national governance is a common issue that law enforcement and judicial organs, including procuratorial organs, as well as all aspects of society, need to face and respond to. With the arrival of the new era, there have been significant changes in the form and structure of criminal offenses, and minor crime cases have become the focus of criminal justice. At present, the structure of criminal offenses in China has shown significant changes: the proportion of serious violent crimes and the rate of severe punishments continue to decline, while the proportion of minor crimes and the rate of light punishments have steadily increased. Compared with felony cases, the vast majority of misdemeanor cases have less social harm and less criminal responsibility. suspect are more likely to confess and repent, reintegrate into society faster, and social relations are better repaired. The rule of law is the fundamental way of governing a country and an important foundation for the country's governance system and capacity. To achieve modernization of criminal justice, it is necessary to pay more attention to distinguishing between serious and minor offenses. On the one hand, for serious crime cases, efforts should always be made to combat and punish them, and the deterrent effect of punishment should be exerted; On the other hand, when handling minor crime cases, we should "step out of the case and look at the case", integrate judicial handling into the overall situation of national governance, examine the criminal justice function from the perspective of social governance, and achieve a comprehensive approach through the combination of "crime control" and "governance", promoting the modernization of national governance through the modernization of criminal governance. The governance of minor offenses is a complex and systematic project that cannot rely solely on a single political and legal agency to act alone. It requires joint efforts from multiple agencies. On the one hand, it is necessary to establish and improve communication and coordination among the political and legal departments of the Public Security, procuratorial and judicial departments, establish and improve institutional mechanisms such as cooperation, constraint and supervision, overall assessment, fault tolerance and error correction, and unify law enforcement and judicial concepts and standards through forms such as conducting training in the same room, joint research, joint meetings, and publishing typical cases; On the other hand, strengthening cooperation and cooperation in handling misdemeanor cases, improving the quality and efficiency of handling misdemeanor cases, promoting the two-way and seamless connection between criminal justice and administrative law enforcement, making good use of non criminal punishment measures, and forming a policy consensus of "combining leniency with severity in criminal prosecution and severity in administrative punishment", providing institutional guarantees for promoting misdemeanor governance. The governance of minor offenses is related to the long-term stability of the country and the vital interests of the people. It has significant implications for promoting people's well-being, promoting co governance and good governance, and strengthening the foundation of the Party's governance. The governance of minor offenses, as a complex, arduous, and long-term systematic project, requires continuous exploration and improvement. The governance of minor offenses should make full use of the criminal policy of combining leniency and severity, as well as the criminal judicial policy of less arrest, more cautious prosecution, and more cautious detention. We should promote the application of non detention compulsory measures, comply with the requirements of the new era, strive to promote the transformation from a "criminal treatment mindset" to a "governance mindset", release judicial goodwill, and strive to promote the modernization of national governance, and

Edit:Zhoushu Responsible editor:Jia Jia

Source:http://rmfyb.chinacourt.org

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