Journal of Jishou University(Social Sciences Edition) ›› 2025, Vol. 46 ›› Issue (1): 92-104.DOI: 10.13438/j.cnki.jdxb.2025.01.009

• Law • Previous Articles     Next Articles

The Attributes and Reform Approachto the Consequences Attached to Minor Crimes

LI Changyou,ZHONG Jiale   

  1. (1.School of Law and Public Administration,Jishou University,Jishou 416000,Hunan China;2.School of Law,Guangxi Normal University,Guilin 541000,Guangxi China)
  • Online:2025-01-01 Published:2025-01-19

Abstract: Minor Crimes are crimes with a maximum penalty of less than one year of fixed-term imprisonment,including crimes with a maximum statutory penalty of one year of imprisonment and crimes with a declared penalty of less than one year of imprisonment.The consequences attached to minor crimes in our country have complex hybrid attributes.The system is not only vast and scattered but also violates the principle of personal responsibility and the principle of equality with discriminatory occupational restrictions.Moreover,the reintegration of minor offenders into society faces numerous obstacles.It is necessary to distinguish between direct and indirect consequences of minor crimes based on the subject of action.The former should clarify the concept of minor crimes at the normative level and cautiously increase minor crimes,achieving coordination between the qualification punishment system within the criminal law and the qualification restrictions outside the criminal law,and integrating it throughout the entire criminal litigation process.The latter should be prohibited as a principle,with exceptions allowed,while constructing a system for sealing minor offense records and strengthening personal information protection,enhancing positive social value guidance,and improving corresponding relief measures,to achieve the reform of the consequences attached to minor crimes through a dual-track approach both within and outside the criminal law.

Key words: minor crimes, consequences of minor crimes, crime stratification, personal responsibility, qualification punishment

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