The notion of not criminalizing cases related to civil and economic relations has been raised for decades, yet little change has been made. The Politburo’s Resolution 68/NQ-TW has infused society with a new, more specific and determined spirit. However, this remains a complex issue, and in order to succeed, it requires thorough discussion to ensure a proper approach. What does “criminalization” mean? The term “criminalization” certainly does not refer to the legitimate prosecution of crimes or the initiation of criminal proceedings in accordance with the law. Rather, the issue arises when cases involving certain relationships or incidents, by their objective nature, do not fall within the realm of criminal law and lack reasonable grounds for criminal liability. For example, such cases may involve civil or commercial transactions, or even isolated administrative violations that do not pose a danger to public order or general societal interests. Yet, these are still turned into criminal cases by law enforcement, at least to the extent of initiating investigation proceedings, even if not yet prosecuted by the procuracy or adjudicated by the court. What are the impacts and consequences of criminalization? If criminalization were merely the result of isolated incidents due to misapplication, error, or […]
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