The 2024 National Conference of the Chinese Association of Criminal Law was held in Southwest China's Chongqing municipality on Nov 8.
Miao Shengming, Permanent Member at the Deputy-Ministerial Class of the Procuratorial Committee of the Supreme People's Procuratorate (SPP), delivered a speech at the meeting.
Miao emphasized the close cooperation and positive interactions between procuratorial organs and criminal law academics, saying that achievements in the activation of justifiable defense clauses and the introduction of new regulations on drunk driving have been made possible thanks to the continuous advocacy and theoretical support of scholars.
He said that the application of leniency for confession and punishment, particularly the enhancement of the sentencing recommendation capabilities of procuratorial organs, is closely intertwined with the theoretical contributions of the criminal law research community.
Miao said he hoped experts and scholars would actively engage in research on major procuratorial and judicial issues and promote the deep integration and mutual development of legal research and judicial practice, thus contributing more wisdom to the improvement of the system of socialist rule of law with Chinese characteristics.
Miao emphasized the necessity of corresponding adjustments in the application of criminal law and governance strategies given the significant changes in structures, trends and types of crimes in the new era.
With the continuous rise in the proportion of minor criminal cases and a shift towards primarily statutory crimes, it is necessary to intensify research on the standards for minor criminalization and related theoretical issues based on a criminal policy that balances severity and leniency, he said.
It is crucial to scientifically establish the boundaries of criminality, distinguish between guilt and innocence as well as between violations and offenses, and employ criminal enforcement measures cautiously in line with the law, he added.
Noting that the extent to which leniency should be applied within the framework of the system of leniency upon admission of guilt and acceptance of punishment is also an important issue that impacts the overall landscape of criminal justice, Miao called for further exploration of the connotations of leniency from the perspective of substantive law based on the need to deepen institutional practice.
