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Study on perfecting judicial path under misdemeanor management

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DOI: 10.23977/law.2024.030224 | Downloads: 14 | Views: 171

Author(s)

Ziheng Qiu 1

Affiliation(s)

1 School of Marine Law and Humanities, Dalian Ocean University, Dalian, Liaoning, China

Corresponding Author

Ziheng Qiu

ABSTRACT

With the change of the criminal structure in our country, the incidence rate of Petty criminals is gradually increasing, and the traditional criminal law concept of "heavy attack and heavy protection" of judicial organs must be changed in today's background of minor crime management. Judicial organs have some problems in the management of minor crimes, such as a rate of not executing probation after arrest is relatively high, a low rate of non-prosecution, and a large space for the application of non-custodial punishment. Therefore, in view of the difficulties in practice, it is proposed that judicial organs should actively implement the judicial policy of "less arrest and careful prosecution and careful detention" in practice, innovate non-custodial supervision methods, and actively cooperate with public security organs. To ensure the smooth development of legal proceedings, formulate universal non-prosecution provisions, promote consistency and unity from legislation to execution procedures, and then continuously improve the application rate of non-custodial sentences, and improve the level of judicial authorities in the treatment of misdemeanors.

KEYWORDS

Treatment of misdemeanors, Prudence in prosecution Prudence in detention, Judicial Practice

CITE THIS PAPER

Ziheng Qiu, Study on perfecting judicial path under misdemeanor management. Science of Law Journal (2024) Vol. 3: 160-166. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030224.

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