On the afternoon of 19 June 2024, the 19th Southeast Law Young Teachers' Salon was successfully held in Room 510 of the Law School, with the theme of Situation and Challenges of Misdemeanour Governance Based on the Comparative Law Perspective of China, Germany and Japan. This salon was organised by the Young Teachers Committee and the Criminal Law Department of the Law School, with Professor Li Chuan, Deputy Director of the Young Teachers Development Committee, as the moderator, Professor Liang Yunbao, Associate Professor Liu Jianli and Lecturer He Yingxin of the Criminal Law Department as the main speakers, Associate Professor Qian Xiaoping, Associate Professor Yang Zhiqiong, Associate Professor Ji Yang, Lecturer Zhang Yunhao, Postdoctoral Fellow Zhu Shanshan and Postdoctoral Fellow Gong Shanwu, and postgraduates of the Criminal Law Department as the interlocutors. They discussed and exchanged views on the current issue of misdemeanour governance, which is hotly debated in the theory and practice of criminal law.
The moderator, Prof. Li Chuan, introduced the conception, organisation and holding of the Salon, elaborated on the significance of the rule of law in the governance of misdemeanours, and clarified the theoretical and practical significance as well as the key points of discussion of the Salon. Under the chairmanship of Professor Li Chuan, the speakers spoke in the order of German-Japanese-Chinese, highlighting the importance of looking at the international and returning to the local.
Dr. He Yingxin firstly took the topic of Misdemeanour Governance in German Law to analyse the provisions on misdemeanour in the German Penal Code as a whole, and elaborated on the significance of the substantive and procedural law of misdemeanour in the context of the German Penal Code and Criminal Procedure Code, especially from the perspective of comparative law, focusing on the formalization and substantiation of the concept of misdemeanour and felony, legislative examples of misdemeanour, trial jurisdiction of misdemeanour, and the legal framework of misdemeanour. legislation, trial jurisdiction of misdemeanour, termination of procedure and so on.
Associate Professor Liu Jianli analysed the misdemeanour system in Japanese criminal law, and gave a pictorial introduction to the legislative mode, development process, and penal reform of Japanese criminal law, focusing on the special positioning, specific provisions, application status, and liability mode of Japanese misdemeanour law, and made a comparative examination of the legislative mode of Chinese criminal law and the status of misdemeanour governance.
Professor Liang Yunbao expressed his opinion on the issue of misdemeanour governance in China, focusing on the origin of misdemeanour governance in China, the status quo of misdemeanour governance, the challenges of misdemeanour governance, and the response to misdemeanour governance, etc. He gave a systematic exposition, focusing on the significance of the distinction between misdemeanour and microcrime, the legal basis of misdemeanour judicial governance, the relationship between administrative detention and microcrime governance, and the step-by-step legislation for misdemeanour governance.
The interlocutor, Associate Professor Qian Xiaoping, expressed his views on how to define misdemeanours, combining specific offences to elaborate and analyse the difficulty and way out around the entity of misdemeanours. Associate Professor Yang Zhiqiong advocated a strict definition of the scope of misdemeanours, and put forward his views on the significance of substantive misdemeanours, and the convergence of misdemeanour governance.
Associate Professor Jiyang analysed the change in the discourse of misdemeanour governance in recent years, the relationship between positive legislation and modest justice, and examined the current criminal policy from the perspective of criminal law principles. Postdoctoral researcher Gong Shanyou mainly elaborated on the relationship between the back-and-forth coordination of the criminal procedure, the reform of conditional non-prosecution, and the digital supervision in the management of minor offences from the perspective of criminal procedure law.
From the perspective of administrative law, Lecturer Zhang Yunhao expressed his views on the draft amendment to the Public Security Administration Punishment Law and its controversial issues, and the relationship between the Public Security Administration Punishment Law and the Criminal Law, focusing on the viewpoint of incorporating administrative detention into the Criminal Law put forward by the criminal law academia. Dr Zhu Shanshan examined the current system and judicial status of misdemeanour management in China from the perspectives of constitutional law and human rights jurisprudence, and expressed her views on specific cases and the issue of provisos, and put forward suggestions for the criminal justice protection of human rights in misdemeanour management from the professional perspectives of constitutional law and human rights.
Academics is the soul of the university, 2024 is the academic year of Southeast University, the Law School Young Teachers Development Committee initiated the initiative of Southeast Law Youth Academic Month activities, aiming to actively implement the academic supremacy concept, and practice the academic supremacy concept. It aims to actively implement the concept of academic supremacy, practice academic responsibility, adhere to the academic heart, and build an active, healthy and sustainable development of the youth academic ecology. This salon is the Criminal Law Academic Month activities for young teachers, which further enhances academic exchanges among young people and strengthens team cohesion through the sharing of knowledge and opinions.