El modelo chino para el tratamiento de los delitos de bagatela

Abstract

All countries, which have different cultural and social structures, acknowledged that the costly state-apparatus to establish and enforce law cannot be used for petty crime. However, the responses to this challenge are shaped by the regional legal culture and historical tradition. Compared to most western countries, whose legal systems adopt the procedural solution to treat petty crimes, China emphasizes the substantive criminal law solution. To be accurate, in China the legislative proviso and the quantitative factors constitute the legal instrument, by which petty crime can be excluded from the criminal prosecution or even from the substantive criminal law.