Institutions and Pathways:An Exploratory Analysis of the Construction of an Expungement System within the Context of Minor Offense Legislation
The existing system of keeping records of prior convictions has proven effective in crime prevention.However,it has been widely criticized for stigmatization,excessive infringement on the rights of offenders,and its perceived deviation from the fundamental principles of legal punishment,proportionality,and self-incrimination.In light of these issues,it is crucial to contemplate the establishment of an expungement system that aligns with the contemporary landscape of proactive criminal law.Such a system would genuinely ease penalties and effectively harmonize the protection of offenders'rights with the imperative task of maintaining social safety and stability.This endeavor holds remarkable practical significance as it offers a constructive approach to addressing the latent societal hazards stemming from individuals with prior convictions.Furthermore,it contributes to the elevation of China's capacity in the realm of social governance.The implementation of this system can be pursued through a gradual process of reform.It would begin with the creation of expungement mechanisms for minors and individuals with records of minor offenses.In tandem,a comprehensive review of inconsistent and irrelevant provisions in prior conviction regulations should be carried out to eliminate any detrimental side effects associated with these records.To achieve this,methods like natural expungement and discretionary expungement can be applied.Simultaneously,auxiliary systems should be refined,encompassing those related to criminal record registration,inquiries,personnel files,political assessments,and safeguards.Eventually,these measures will culminate in the development of a systematic expungement framework.
Proactive Criminal LawExpungementInstitutional Development
万方数据
维普
