Procedural Challenges and Pathways for Improving the “Non-Custodial” Disposition of Criminal Case Assets from a Minor Offense Management Perspective

DOI: https://doi.org/10.62517/jmsd.202612128

Author(s)

Li Zipeng*

Affiliation(s)

College of Humanities and Law (School of Discipline Inspection and Supervision), Chengdu University of Technology, Sichuan, China *Corresponding Author

Abstract

At present, criminal offenses in China exhibit an increasingly pronounced trend toward minor offenses, with such cases now accounting for over 80% of all criminal cases. The management of minor offenses has become a key driver of criminal justice reform in the new era. The associated requirements for restraint, restorative justice, and efficiency in managing minor offenses present entirely new challenges to the disposal model for criminal-related assets. In judicial practice, a contradictory phenomenon persists: “non-custodial detention coupled with high-intensity property disposal.” While the goal of “non-custodial detention” has largely been achieved through the widespread adoption of measures like bail pending trial, the disposal of involved assets still follows the high-intensity control model typically applied to serious crimes. Measures such as seizure and confiscation are applied extremely broadly, while the application of non-custodial disposal remains minimal and lacks regulatory clarity. This creates a series of challenges for non-custodial disposal, such as ambiguous application standards, unreasonable procedural norms, and obstructed avenues for rights remedies. This not only contradicts the principles of minor offense management but also leads to wasteful use of judicial resources. This paper employs both literature review and case analysis to precisely define core concepts, consolidate relevant theoretical foundations, and conduct an in-depth analysis of the existing challenges and their root causes. It proposes pathways for improvement, aiming to provide robust support for standardizing grassroots judicial practices, refining the minor offense management system, and advancing the modernization of criminal proceedings.

Keywords

Minor Offense Management, Criminal Case Assets, Non-Custodial Disposition

References

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