Research On The System Of The Elimination Of The Residual Effect Of Penalty

Crime is the social existence which is difficult to wipe out for any form of society. Regardless of the nature of society, which stage the society stayed, wiping out all the crimes is just an unattainable dream. It also makes the prevention and reduction of crimes becomes all criminal legislation's as well as all social legislation's ultimate goal. During the social system of crime prevention, prevention of those people who committed a crime crimes again is a social problem which is worldwide concerned but difficult to solve. Since the 20th century, the re-offending rate continues to rise, which will be a great threat to the building of a harmonious society, the huge social harms of re-crime caused a high degree of attention and vigilance. Residual effect of penalty is one of the most important reasons for the high re-offending rate, which brings lots of disadvantages for the criminals. So, how to educe or eradicate the negative effects of penalty has become an important research topic for crime prevention.In this paper, residual effect of penalty refers to those negative consequences, with long-term or even lifetime, make those criminals're-socialization difficult, which are still exist after the penalties provided under the laws and regulations have been completed or exempted from the implementation. According to our country's reality, the lack of democratic ideas, the absent of a democratic system had both led the country's legal system, the general attitude of society and people's general mood all generate improper disadvantage for those criminals're-socialization. Its existence deprived these political, economic, cultural and psychological rights from these criminals. Which are very important to the criminals're-socialization? Therefore, if we want to help and promote the re-socialization of those who once commit a crime, not only the restoration of rights and qualifications on the norms and regulations is needed. More importantly, eliminate the social exclusion and discrimination they suffered as well as the deep-level protection of criminal's rights and treatment as an ordinary citizens should be pay more attention to. So, the traditional Perishing Criminal Records System and Rehabilitation system is difficult to achieve its pursuit of re-offending prevention in our country. For these criminals, we should focus on the future, reduce deprivation and isolation of the penalty. We should eradicate the residual effect of penalty which deprived the right and qualifications of the criminals. we should create conditions and opportunities to help them re-socialization, reduce the adversely affect brought about by the crime and the sentence. So they can return to society, promote social development and progress as an equal citizen.There are five parts in this paper. The preface introduce that the best policy to prevent re-offending is the social policy. We should take more social measures to response to the problem. During the part II, the author studied the origin of the system of the elimination of the residual effect of penalty, analysis the existence and hazards in our country; Part III pointed out the unreasonable and unscientific nature of the residual effect of the existence of penalties; Part IV pointed out the imperfection of the Perishing Criminal Records System and Rehabilitation system, demonstrate the excellent of the system of the elimination of the residual effect of penalty; The Part V summarize the classification of the residual effect of penalty, design the system from the protection of the citizen's freedom of movement, the protection of the civil privacy, the access system of the national employment and the system of elimination of criminal records.As mentioned above,the system of the elimination of the residual effect of penalty is new system construction, which a combination of criminal law norms, civil and administrative law norms and the general social norms'reform. From a sociological perspective, this is the best social policy to prevent re-offending; speaking from the Criminal Law,it is the best criminal policy.