The Local Construction of A System for the Elimination of Previous Convictions in the Context of Misdemeanour Governance
With the acceleration of criminalisation in criminal law legislation during the period of social transformation,the number of minor offences began to expand rapidly.The rationality of the legislative advocate of minor criminalisation exists,but due to the existing system of previous convictions,the phenomenon of minor crimes and penalties does not exist,and there is even a situation of"guilt by association".The long-term existence of such"additive but not subtractive"criminal records will give rise to many problems.In this regard,the construction of the system of elimination of previous misdemean-ours in China has considerable urgency,but in order to fully respond to the demands of social public security,it should be based on the type of crime,the duration of the penalty and the type of perpetrator and other conditions to determine whether to apply the system of elimination of previous convictions.At the normative level,it is not only necessary to make adjust-ments to the existing prior conviction reporting system to clarify the scope of prior convictions,the scope of influence of the elimination of prior convictions and the initiation procedure,but also to make timely adjustments to other sectoral laws to form a logically rigorous and structurally coordinated system for the elimination of prior convictions.
misdemeanour governanceelimination of previous convictionssealing of criminal recordscriminal labelingtypological thinking
万方数据
维普
