El modelo chino para el tratamiento de los delitos de bagatela*

Abstract

All countries, which have different cultural and social structures, acknowledged that the costly
state-apparatus to establish and enforce law cannot be used for petty crime. However, the responses to
this challenge are shaped by the regional legal culture and historical tradition. Compared to most western
countries, whose legal systems adopt the procedural solution to treat petty crimes, China emphasizes the
substantive criminal law solution. To be accurate, in China the legislative proviso and the quantitative
factors constitute the legal instrument, by which petty crime can be excluded from the criminal prosecution
or even from the substantive criminal law.