A Study of the Korean Criminal Hesitation System in the Perspective of Comparative Law

Abstract

Early intervention of criminal law in social governance has become an irreversible trend in China, which plays a significant role in preventing and controlling social risks, but the serious collateral consequences of penalties also lead to many new social contradictions. Korea’s criminal hesitation system1 pays attention to the ethics of rules and regulations and has a strong color of subjectivism, which can better achieve the double effect of crime prevention and human rights protection. Our country should learn from the advantages of Korea, introduce the system of criminal deferral in due course, and expand the scope of application of the criminal deferral system in order to dissolve the contradictions caused by the consequences of the penalty. At the same time, it should also adhere to the concept of “criminal integration” and promote the systematic process of misdemeanour management in China.