关键词: 轻罪治理, 未决羁押制度, 比例原则, 司法审查

Abstract: As the structure of crime and the focus of crime governance undergo adjustment, the high risks in detention and the prolonged duration of detention in the current social dangerousness centered pretrial detention system are clearly incompatible with the demands of minor offense governance. By introducing new concepts such as the principle of proportionality, necessity review, and judicial review, this paper intends to suggest an effective solution to bridge the gap between the existing system and contemporary needs for a pretrial detention system specifically tailored for minor offenses. Thus, a dual criteria framework based on "penalty + charge" should be established for the pretrial detention of minor offenses, ensuring dynamic dual reviews of detention necessity and social dangerousness. Additionally, a "uniform maximum-duration control model" should be adopted to decouple the duration of detention from the case-processing timeline for minor offenses, preventing detention duration from being subordinated to investigative needs. Lastly, a transparent decision-making mechanism for pretrial detention should be established under the principle of judicial review. This would dismantle the high-pressure and nature of closeness in detention decision-making, unblock defense remedies, and maximize the balance between the protection of personal liberty and the practical demands of case handling.

Key words: misdemeanor governance, pretrial detention system, principle of proportionality, judicial review