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微罪立法扩张造成的刑事处罚泛化,压缩了行政处罚的空间,不利于我国现行二元处罚机制的实施,其片面强调刑法威慑而易掩饰行政监管等治理手段的缺位,且刑罚给犯罪人带来的严重负面效应与微罪本身法益侵害的轻微性极不相适应。实践中应充分发挥司法的能动作用,强化刑法但书规定对微罪入罪的限制功能,确立微罪起诉例外原则,将微罪处置纳入考评机制以引导司法打击向严重刑事犯罪转向,从而缓和微罪扩张导致的对公民自由过于妨碍的紧张态势。
The generalization of criminal punishment caused by the legislative expansion of the crime of slight crime reduces the space of administrative punishment and is not conducive to the implementation of the current dual punishment system in our country. It unilaterally emphasizes the absence of administrative penalties such as administrative deterrence and criminal punishment, The serious negative effects brought by it are extremely incompatible with the subtleties of the legal interests of minor crimes. In practice, we should give full play to the role of judicial initiative, reinforce the restriction function of criminal law proving that the provisions of the book criminalize the crime of minor crime, establish the exception principle of prosecution of the crime of minor crime, incorporate the treatment of the crime of delicacies into the evaluation mechanism to guide the judicial crackdown on the serious crime and ease the expansion of the crime Of the tensions that are too obstructive to civil liberties.