Research On The Construction Of Previous Conviction Elimination System In China

As a penalty elimination system,the elimination of Previous Conviction has been widely recognized and applied all over the world.However,it seems a little regretful in our country.Not only has it not been officially confirmed by criminal legislation,but also the " Previous Conviction system" is in an awkward position of "use without publicity".In recent years,with the criminal legislative practice showing a positive and light punishment trend,the permanent existence of the Previous Conviction system has an increasingly serious impact on the Previous Conviction personnel.There is not only an objective phenomenon of "misdemeanor",which has caused a certain violation of the basic human rights of the Previous Conviction personnel,but also exacerbated the risk of social governance to a certain extent due to the existence of a certain "Connected effect",It shows the urgency of the problem.Based on this,through literature analysis,empirical analysis and other research methods,this paper systematically combs China’s current relevant legislation,consults and sorts out relevant Previous Conviction data and classic cases,takes the scientific and reasonable definition of Previous Conviction and the accurate meaning of the elimination of Previous Conviction as the logical starting point,and deeply analyzes the serious consequences of Previous Conviction system on Previous Conviction holders,as well as the differences and connections between criminal record sealing system,rehabilitation system and Previous Conviction elimination system.Then,using the research methods of economic analysis and dialectical analysis,this paper fully discusses the rationality and legitimacy of the construction of Previous Conviction elimination system in China from the perspective of philosophy,jurisprudence,law and economics and criminal theory,which provides a solid theoretical basis for the construction of Previous Conviction elimination system in China.Finally,through comparative analysis and other research methods,after studying the relevant legislation of some foreign representative countries in detail,combined with China’s basic national conditions and the current situation of the rule of law,and following the principle of Legislative Coordination Design,this paper makes a specific design from the legislative mode,elimination conditions,elimination procedures and elimination effectiveness of the Previous Conviction elimination system,in order to build a Previous Conviction elimination system in line with the development of China’s national conditions,Then improve China’s criminal legislation system,protect the basic human rights of criminal offenders,promote their reintegration into society,alleviate and reduce the social governance contradictions and risks caused by the imperfection of the legal system,and promote the construction and development of a harmonious society.