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2026年02月04日
行刑反向衔接视角下涉电子烟刑事案件出罪路径优化探析
Abstract: Against the backdrop of rapid expansion of the electronic cigarette market but relatively lagging regulation and diverse product types leading to differences in legal application, the reverse execution linkage mechanism has become an important path for criminal cases involving electronic cigarettes to be prosecuted. However, in practice, there are still prominent problems such as a clear tendency towards heavy punishment, unclear identification of the legal attributes of electronic cigarettes, and a lack of substantive and procedural norms for reverse connection, which have led to poor operation of reverse connection in the execution of criminal cases involving electronic cigarettes, affecting the fair and efficient handling of cases. On the premise of clarifying the concept and legal basis of the reverse connection of execution, this article deeply analyzes the causes of its dilemma, and proposes corresponding optimization paths such as establishing the concept of criminal justice restraint and caution in punishment, strengthening the function of prosecutorial pre-trial diversion, accurately defining the attributes of electronic cigarettes at the legislative level, reshaping the priority mode of flexible administrative supervision, improving the legislative supply and evidence conversion rules of execution connection, and promoting the standardized and efficient operation of the reverse connection system of execution in cases involving electronic cigarettes, in order to achieve the unity of fair justice and effective supervision.
Zhejiang Liqun Law Firm was established on December 23, 1999. It has been awarded honors such as "National Advanced Collective in Public Legal Services", "Excellent Law Firm in Zhejiang Province", "Top 100 Law Firms in Zhejiang Province", "Famous Law Firm in Zhejiang Province", "Excellent Law Firm for Serving Small and Medium sized Enterprises in Zhejiang Province", "Leading Enterprise in Service Industry in Taizhou City", and has been rated as a key service industry enterprise in Taizhou City for several consecutive years.

since
1999

90
A team of over outstanding personnel

2600
Multiple square meters
of office space
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