The Theoretical Proof and Specific Plan of the Establishment of China's Criminal Record Elimination System of Misdemeanor
In order to realize the scientific management of misdemeanors,implement the criminal policy of leniency and severity,and eliminate the inherent shortcomings of the system of criminal record,it is necessary to construct a system for the elimination of criminal record for misdemeanors.At the macro level,the principle of balanced punishment and crime,the principle of self-responsibility and the principle of personal danger can be used to consolidate the theoretical foundation for the construction of China's Criminal Record Elimination System of Misdemeanor.At the micro level:the scope of application for China's Criminal Record Elimination System of Misdemeanor should be reasonably delineated,i.e.,sentenced to less than 3 years'imprisonment,detention,control or single additional sentence,or exempted from conviction,or simply declared guilty;the procedural design should be scientifically carried out,and the"contingent selection"mode should be established either on application or on the basis of ex officio,and the court should make decisions on whether or not to eliminate Criminal Record with reference to the opinions of the Procuratorate,the Judicial Bureau and other units.Scientific procedural design is needed to establish an"or selection"model,either on application or ex officio,with the court taking into account the opinions of the procuratorate,judicial bureau,and other units in deciding whether or not to expunge a criminal record;and the articulation of complementary systems should be strengthened:a mechanism should be established for the sharing of judicial data with personnel and household registration information platforms,so that information on eligible criminal record is deleted in a timely manner.The Criminal Record Elimination of Misdemeanor should be used as an incentive for social correction,so as to continuously reduce the recidivism rate of social correction recipients,and to truly realize their re-socialization.
misdemeanorcriminal record eliminationcriminal record elimination system
NETL
NSTL
万方数据
