| The system of elimination of previous convictions has the value of safeguarding human rights and realizing the re-socialization of offenders.At present,the system of elimination of previous convictions has been commonly found in the laws of foreign countries,and to a certain extent,it has become one of the signs of the standardization and modernization of criminal law.In the context of criminalization of minor crimes,it is necessary to build a system of elimination of prior convictions for misdemeanors in China,which is compatible with the punishment of misdemeanors.The research content of this paper is divided into four parts.The first part is an overview of prior convictions and prior conviction elimination.In China,the antecedent system is scattered in many laws and regulations,and many professional prohibitions and aggravated penalties are based on the existence of antecedents,but there is no provision for the concept of antecedents in China’s current legislation,and this is also controversial in academic circles.In order to consolidate the foundation of the theory,the connotation of ex-conviction and ex-conviction elimination is clearly defined on the basis of the analysis of foreign legislation and the research of our academic circles,and the functions of ex-conviction and ex-conviction elimination are further clarified.The second part is an analysis of the current situation and problems of the ex-convict elimination system in China.At the legislative level,there is no provision for the system of elimination of previous convictions,and the existing system of criminal record sealing is similar to the system of elimination of previous convictions but not the system of elimination of previous convictions.In some places,some pilot projects have been carried out in the field of juvenile criminal elimination,which can be summarized as issuing certificates of criminal elimination,limiting the disclosure of criminal taint,zeroing out misdemeanor records,and sealing criminal records,which are also more inclined to the minor criminal record sealing system in essence.The problem of the lack of a prior conviction elimination system in China is illustrated by the empirical data analysis of drunken dangerous driving cases: in practice,the number of drunken dangerous driving cases is large and the nature of drunken dangerous driving is minor,and it is in this context that drunken dangerous driving cases expand the negative effects of prior convictions,i.e.,the indefinite existence of prior convictions has exceeded the penalty itself and the indiscriminate existence of prior convictions also makes drunken The problem of criminalizing drunk driving to protect the rights and interests of drunk drivers cannot be realized,and in the context of misdemeanor legislation,such problems will ensue,bringing unforeseen governance risks to society.The existing measures cannot fundamentally solve the problem,and thus there is an urgent need to establish a matching system for eliminating prior convictions.The third part is the analysis of the dilemma of building China’s ex-convict elimination system,which concludes that the dilemma of building China’s ex-convict elimination system is: First,in terms of value,the historical continuation of the traditional criminal law concept of heavy punishment,the deep-rooted retributive punishment,and the preference of China’s criminal legislation for the protection function of criminal law have set up a great obstacle to the construction of the ex-convict elimination system;second,in terms of norms,the criminal law ex-convict reporting system,recidivism system,recidivism system,and recidivism system have been established.Third,in terms of the system,on the one hand,there is no complete criminal record registration and inquiry system,on the other hand,there is no corresponding social rehabilitation system,which makes the system of elimination of previous convictions lack of corresponding protection.Of course,these dilemmas can be broken through,just to provide us with guidelines and thoughts on what kind of ex-conviction elimination system to build.The fourth part is an exploration of the construction of a misdemeanor predicate elimination system.In view of the difficulties of one kind or another,as well as the realistic needs of the misdemeanor field,it is not a realistic possibility to establish a comprehensive system of ex-conviction elimination in China,and the construction of a misdemeanor range of ex-conviction elimination is the best choice.By drawing reference from the existing practice and overseas legislation,and following the principle of legislative harmonization,we design the legislative model,elimination conditions,elimination methods,and elimination procedures of the misdemeanor ex-conviction elimination system,and provide standardized support for the exemption of ex-conviction reporting obligation,criminal record information protection,and occupational prohibition classification,as well as the construction of a criminal record registration and inquiry system and the implementation of community In order to provide institutional guarantee,the system of ex-conviction elimination for misdemeanors can be standardized,thus improving China’s criminal legislation system,protecting the basic human rights of ex-convicts,promoting their reintegration into society,reducing the contradictions and risks of social governance caused by the generalization of the negative effects of ex-convictions,and promoting the construction and development of a harmonious society. |
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