Legal Restrictions On The Generalization Effect Of Pre-existing Evaluation

The main purpose of setting up the criminal record system in our country is to increase the punishment for the criminals who commit the crime again by strengthening the evaluation of the former criminals,and to strengthen the penalty effect of the former crime.However,in the process of balancing public interest and personal interests,in order to maintain social order and strengthen the prevention of criminals,the establishment of the criminal system and its application in practice tend to maintain the public interest,resulting in the personal interests of the offender being The contempt,the scope of the evaluation of the previous section has been continuously expanded,which has led to the generalization effect of the evaluation of the former.The legal restriction on the generalization effect of the pre-existing evaluation is to balance the public interest and personal interests,not to pay too much attention to the public interest and despise the personal interests of the evaluated person,and the criminal record as the basis for the evaluation of the previous record does not form a unified system in the system.As a result,criminal records are arbitrarily spread during use,and individuals with criminal records are difficult to return to society due to the impact of prior evaluation.Therefore,the criminal record system is improved,from the short-term measures to the final realization of the criminal record inquiry termination system,the pre-existing evaluation is controlled within the limits,the generalization effect is avoided,and the balance of interests is realized.This article is discussed in the following four chapters:The first chapter analyzes the problem and summarizes the manifestations and problems of the generalization effect of the pre-existing evaluation.This part analyzes the performance of generalization effects from three aspects: evaluation object,time and space.It exceeds the scope of pre-existing evaluation,which leads to many negative effects on the evaluator including legal consequences,political consequences and social consequences.The second chapter focuses on the theoretical basis of the predecessor.There are many differences in the understanding of the former faculties in the criminal law theory community.The lack of a unified understanding of the gynecology has led to no clear criteria for the evaluation of the gynecology.First of all,through the comparative analysis of different theories and viewpoints,it is clear that the purpose of the pre-existing evaluation is to make up for the deficiency of the pre-crime in the effect of punishment,and to strengthen the effect of punishment through the evaluation of the former,so as to realize the transformation of the offender.Secondly,on the basis of the legitimacy of the pre-existing evaluation,the nature of the aftereffect of the pre-existing evaluation is analyzed.Finally,it should be determined that the scope of the pre-existing evaluation should be the same as the offender who was convicted and sentenced.The third chapter analyzes the causes of the generalization effect.The generalization effect of the pre-existing evaluation is essentially an imbalance between the public interest and the personal interests,and it is too much to protect the public interest and violate the personal interests of the evaluated person.Explore the roots of generalization effects from the perspectives of reality,psychology,theory and system.Therefore,the key to the legal restriction of the generalization effect of the pre-existing evaluation is the balance between the public interest and the individual interest.It is necessary to ensure that the pre-existing evaluation compensates for the lack of sentencing of the former crime,strengthens the effect of the penalty,and controls the pre-existing evaluation to the limit.Within,to avoid the expansion of the scope of the evaluation of the previous section violated the personal interests of the evaluated person.The fourth chapter proposes measures to limit the legal effects of generalization effects on the balance of interests.The criminal's prior record is based on the criminal record,and the objective existence of the criminal record and the flaw of the criminal record system lead to the generalization effect of the prior evaluation.Therefore,the key to controlling the scope of the pre-existing evaluation within the limits should be to impose the necessary legal restrictions on the criminal record system,pay attention to the protection of the personal rights of the evaluated person,and promptly return to society.In the system design,we should follow a gradual process,from gradual restriction to final elimination,to achieve the return of criminal records in the system.