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立足法治保障稳定 强化公共秩序刑法保护
Xin Lang Cai Jing· 2026-01-09 22:53
Core Viewpoint - The article emphasizes the importance of maintaining public order as a key aspect of China's criminal law, aligning with the strategic deployment outlined in the "Suggestions for Formulating the 15th Five-Year Plan for National Economic and Social Development" [2][9]. Group 1: Legal Framework and Public Order - The "Suggestions" highlight the need for a higher level of public order protection through criminal law, which is essential for social stability and the construction of a safer China [2][9]. - The criminal law has evolved since 1979, with increasing regulations on crimes that disrupt public order, reflecting a comprehensive legal framework aimed at maintaining social stability [2][3]. Group 2: Social Governance and Crime Prevention - The basic goal set by the "Suggestions" is to enhance social governance effectiveness and maintain overall social stability, focusing on a comprehensive prevention system for public order crimes [3]. - It is crucial to differentiate between situations before and after public order crimes occur, implementing preventive measures and legal responses accordingly [3]. Group 3: Criminal Policy and Enforcement - The article discusses the principle of "combining leniency and severity" in criminal policy, which aims to balance punishment and education in handling public order crimes [6][5]. - Specific legal provisions allow for leniency towards first-time offenders or those who were coerced into participating in illegal activities, promoting a more rehabilitative approach [6][5]. Group 4: Online and Offline Governance - The governance of online public order is increasingly recognized as vital, with the need for legal frameworks to address crimes committed in digital spaces [7][8]. - The article suggests that the unique characteristics of the internet necessitate specific legal provisions to protect online public order, indicating a potential need for legislative updates [8].