The logical framework and normative path of collateral sanctions in criminal punishment
In addition to traditional penal sanctions,criminalization also triggers a large number of restrictions or prohibitions,such as obtaining professional qualifications,holding public office,joining the party or military,and household registration points,which further aggravate the burden on the convicted.These can be termed"collateral sanctions".In recent years,China has frequently utilized the provisions of laws and regulations on collateral sanctions of punishment to exclude convicted persons,bringing the issue of their legitimacy and normativity to the forefront.The underlying reason for is that collateral sanctions take utilitarianism as their operating logic.In this regard,it is necessary to define collateral sanctions attached to the penalty as quasi-penal in nature,so that the collateral sanctions of punishment can be transformed from the original utilitarian view of the sanction to the retributive view of the sanction.To this end,China urgently needs to optimize the path of collateral sanctions of punishment guiding them from obscurity to transparency,clarifying specific application conditions,safeguarding and restoring the rights of the convicted,and maximizing their operation towards rationality and moderation.
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