Cooperation-Oriented Exemptions from Criminal Liability in China

Reducing overcriminalization is an old issue discussed in great depth for many years. The Article proposes a new solution which is cooperation-oriented exemptions from criminal liability (COECL) in China. The Article prioritizes COECL by analyzing related provisions of criminal law. COECL shares three components: (1) an administrative prerequisite; (2) cooperation between an offender and an administrative department; and (3) rectifying the losses or harms caused by a specific offense. The Article argues that a legal incentive, a recovery from infringement of legal interests, and a precaution effect are three legal justifications for COECL. The Article explains how COECL could be implemented in a civil-criminal interface and an administrative-criminal interface, serving as an interpretative guide. The Article advocates expanding COECL only when three feasible conditions are all met, including (1) omission as a major type of crime and action as an extreme situation; (2) an infringement of non-personal legal interests; and (3) the exception of being subject to criminal punishment for several years for an offender’s relevant offense or twice or more, subject to administrative punishment by an administrative department.