Collective punishment is not in line with the modern rule of law concept,but the idea that all the"collective punishment"in the current social governance is not legitimate is actually confused with punishment and regulation.Actions that adversely affect citizens are not always disciplinary,but may also be regulatory.Punishment is a sanction for past viola-tions,and the target can only be limited to the violator.Regulation is the restriction of future behavior,and the object can include the offender and other related subjects.The system of collateral consequences of criminal conviction,which embod-ies the integration of criminal law and administrative law in social governance,should aim not to punish but to prevent risks,so the collateral consequences of criminal convictions cannot be limited to the criminal.The power of setting punish-ment and regulation by different levels of legal norms should be reasonably allocated,and the implementation of punishment and regulation should conform to the legal reservation principle,the improper connection prohibition principle,the propor-tionality principle and other modern principles of rule of law.In order to eliminate the improper connection measures in so-cial governance from the root,the filing review and incidental review supervision of normative documents should be strength-ened.
collective punishmentpenalty of breaking faithcollateral consequences of criminal convictionsthe principle of self-responsibility for crimerisk regulation
万方数据
维普
