中国轻罪前科封存制度与消灭制度的系统构建

Abstract

The primary premise for the correction of criminals in the era of misdemeanors is to comply with the combination of the consequences of misdemeanors and humanism, minimize the harm of labeling and its incidents, and promote the reintegration of criminals into society. To this end, it is necessary to systematically establish a system for sealing and eliminating criminal records for misdemeanors to reduce the consequences of crimes. The disadvantages of China's current criminal record system include individual confinement, legal conflicts at the institutional level, and their social impact. Whether it is the demand for penal reform or the internal pursuit of the spirit of the rule of law, it shows the necessity of building a misdemeanor criminal record system. At the level of specific construction, the construction of the system of sealing and eliminating criminal records should be carried out at least from three levels: necessary premise, specific construction and collateral safeguards.