A Study On Criminal Record Association From Perspective Rule Of Law

Joint and several liability for criminal record has a history of more than 2000 years in China.As a legal tool for ancient rulers to control society,it plays an important role in maintaining the ancient political structure and consolidating the rule of the ruling class.However,in terms of the concept of rule of law,the legal risks and irrationality of Joint and several liability for criminal record determine that it is a negative effect that does not meet the requirements of the current rule of law.Joint and several liability for criminal record,as a thinking paradigm of presumption of guilt,should have been abandoned on the road of legalization,but the shadow of Joint and several liability for criminal record can still be found in the current Chinese society.This thinking paradigm of presumption of guilt shows different types based on different actual conditions.Joint and several liability for criminal record is a challenge to the construction of legal society.It brings not only the violation of individual rights,but also the loss of legal credibility.Therefore,it is very necessary to explore the historical reasons why criminal record has been rooted in Chinese Society for thousands of years,and to think about the operation logic,rationality and risk of this system.To comprehensively dissect the Joint and several liability for criminal record,we should analyze its root problems such as system,thought and historical evaluation from the perspective of legal history with the attitude of combining history and reality,and provide solutions to the legal risks brought by Joint and several liability for criminal record at present.This paper starts with the determination of the concept of criminal Association,divides the concept composition of criminal Association,defines the three concepts of "criminal Association","criminal Association" and "criminal Association",and determines the concept of criminal association from a new perspective.Then it summarizes the different types of criminal record companies in today’s society,and defines the main fields of criminal record companies.After clarifying the concept,theoretical basis and social types of criminal convictions,this paper combs the forms of criminal convictions in different historical periods in ancient China,interprets the ideological origin of criminal convictions,and analyzes the historical rationality and limitations of criminal convictions,so as to grasp the historical roots of criminal convictions in terms of system and thought.After discussing the above problems and clarifying the historical root of Joint and several liability for criminal record,the author analyzes the theoretical risk and practical risk of Joint and several liability for criminal record respectively.Finally,based on the solution of practical problems,the author starts with the operation logic of the former division,and puts forward the solutions to the problems in the practice of each logical link of the operation of the former division,one by one.