南都学坛2025，Vol.45Issue(3)：94-104,11.
轻罪治理视域下暂缓判决制度再审视
Reexamining the Suspended Judgment System from the Perspective of Misdemeanor Governance
朱德宏 1王双双1
作者信息
- 1. 安徽师范大学 法学院,安徽 芜湖 241000
- 折叠
摘要
Abstract
China has entered an era of misdemeanor governance,both in legislative and judicial practice.However,challen-ges remain,including limited pathways for decriminalization and the tendency toward excessive punishment of minor offenses.The suspended judgment system serves as a mechanism to mitigate over-criminalization and excessive penalization,embodying the principles of penal leniency and human rights protection.By allowing for the non-criminalization or non-penalization of minor of-fenses during the trial period,this system provides an alternative approach to addressing lesser crimes.Despite certain implemen-tation obstacles,the establishment of a suspended judgment system within the framework of misdemeanor governance is both legit-imate and necessary.To counteract the over-punishment of minor offenses and fulfill the human rights protection mandate in this new era,it is imperative to provide a legislative basis for the application of suspended judgments,clarify the appropriate model for their implementation,and define their role in judicial proceedings.The development of a comprehensive suspended judgment sys-tem should focus on standardizing its application criteria,establishing a scientific evaluation framework,and improving social re-integration measures for individuals subject to suspended judgments.关键词
轻罪时代/暂缓判决/行刑宽缓化/人权保障Key words
misdemeanor era/suspended judgment/penal leniency/human rights protection分类
社会科学引用本文复制引用
朱德宏,王双双..轻罪治理视域下暂缓判决制度再审视[J].南都学坛,2025,45(3):94-104,11.
