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《刑法修正案(八)》颁布后,随着醉驾等抽象危险犯入罪化和去劳教后的轻刑入罪化,全国刑事案件大幅上升。据统计,2013年全国法院判处有期徒刑一年以下刑罚的刑事案件占总数的38%,2014年全国法院判处三年有期徒刑以下刑罚共98万余人,占生效判决人数的82.73%。以笔者所在的基层法院为例,2011年至2014年,刑事法官年均人结案数环比递增依次为11.4%、26.8%、12.1%,基层法院案多人少现象非常严重。而针对轻微刑事案件,我国刑事诉
After the promulgation of the Criminal Law Amendment (8), with the advent of abstract crimes such as drunk driving and the criminalization of minor offenses after detention for forced labor, the number of criminal cases in the country has risen sharply. According to statistics, in 2013, the number of criminal cases sentenced to one year or less by Chinese courts accounted for 38% of the total. In 2014, more than 98,000 people were sentenced to death sentences of up to three years in China, accounting for 82.73% of the total number of people who entered the sentence of imprisonment. Take the grass-roots court where the author is located as an example. From 2011 to 2014, the average annual number of criminal judges closing cases increased sequentially by 11.4%, 26.8% and 12.1% respectively. The number of grass-roots court cases is very low. For minor criminal cases, China’s criminal prosecution