我国轻罪制度构建的困境及对策

The Difficulties and Countermeasures of the Construction of Minor Crimes System in China

轻罪制度符合我国刑罚轻缓化刑事政策的需要,具有法治正当性目的,是当下和未来刑事立法体系所应当践行的路径。轻罪制度的构建具有必要性,同时也存在着易使刑罚过度化和出罪机制缺失等问题。因此,轻罪制度的构建,一方面需要对行政处罚权予以司法化改造,防止行政处罚权对人身自由罚的进一步扩张;另一方面需要进行轻微刑罚制度的构建,优化司法出罪机制,建立前科消灭制度。

The minor crimes system is in line with the criminal policy of mitigating punishment and has the purpose of legitimacy. This system is considered as a method that should be adopted in current and future criminal legislation systems. While it is necessary to construct such a system, problems like excessive punishment and the lack of conviction mechanism also emerge. Therefore, on the one hand, it is necessary to judicially reform administrative penalty to prevent further expansion of personal freedom penalty. At the same time, it is also essential to construct a minor penalty system, to optimize the judicial conviction mechanism, and to establish a criminal records abolition system.