The Expansion Risk of Micro-crime and the Construction of Governance System in China from the Perspective of Criminal Integration -- Taking the Drunk Driving Type Dangerous Driving Crime as an Example

• Published in: SHS web of conferences 2023, Vol.169, p.1086
• Main Author: Deng, Yiyang
• Format: Article
• Language: English
• Subjects: Crime; Criminal law; dangerous driving crime; drunk driving; micro crime expansion; micro crime governance
• ISSN: 2261-2424; 2416-5182; 2261-2424
• DOI: 10.1051/shsconf/202316901086

In recent years, under the guidance of the active view of criminal law, the risk of the continuous expansion of criminal law to punish micro-crimes has been further highlighted. This trend, while increasing the guarantee of legal interests, has also brought some negative effects. Among them, the most typical is the judicial application of drunk dangerous driving crime, which is mainly manifested as follows: the number of cases is huge, the judicial cost increases significantly; the discretion standard is not uniform, leading to judicial injustice; the scope of the crime is too wide, and the criminal consequences are too heavy. To this end, it is necessary to give full play to the initiative of the judicial organs, activate the application of the “proviso” clause and clarify the scope of non-prosecution, and realize the appropriate restriction of the judicial disposal; continuously optimize the dual punishment mechanism in China, explore the elimination mechanism of the criminal record of micro crimes and strengthen the legal publicity. The prosecution of micro crimes should be strictly controlled from the substantive and procedural aspects, the path of micro crimes should be improved, and the governance system of micro crimes should be constructed, so as to reflect the criminal policy of combining mercy with severity, and constantly improve the social governance effect of criminal justice.