| From the viewpoint of criminal law provisions on punishment exemption and their practical application in China, Japan and Germany, compared to the imposition of punishment, exemption of punishment is an exception in all countries. The exemption of punishment system can not only mitigate sanctions, but also strengthen sanctions by constructing the "criminal procedure-(non-punitive criminal or) administrative sanctions" mode. When administrative sanctions are more effective than criminal punishment, the effectiveness of the sanctions, the efficiency of the procedures connected to the sanctions, the prohibition of double punishment, the principles of legality and due process must all be taken into account. Exemption of punishment has the advantages that are lacking in pre-trial diversion measures or formal trial. In order to give full play to the role of exemption of punishment in the diversification of sanctions, Article 37 of the Chinese Criminal Law must be interpreted as an independent cause of punishment exemption in the direction of strengthening sanctions. On the other hand, when criminal law provisions do not provide concrete causes of punishment exemption, this article play the role of an independent cause of punishment exemption in the direction of mitigating sanctions; but when criminal law provisions provide concrete causes of punishment exemption, this article is just a general provision on concrete causes of punishment exemption. And, in any case, it is possible to impose non-punitive criminal sanctions in accordance with this article. |
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