Construction of Criminal Rehabilitation System in China:Concept,Theory and Path
To address the serious negative effects of criminal consequences,the theoretical basis and the advantages of the criminal rehabilitation system are studied through normative research and comparative analysis methods.Firstly,the criminal rehabilitation system has been redefined,which refers to the punishment elimination system that,under specific conditions and legal procedures,restores the qualifications and rights of ordinary citizens to those who have suffered qualification penalties.Secondly,based on the principles of fair justice,proportionality and parallel punishment and prevention of punishment,the legitimacy of the normative level of the criminal restoration system is discussed.Once again,the path for constructing China's criminal rehabilitation system is proposed,i.e.,the system meets the needs of localizing the criminal punishment system and should adopt an independent chapter model to be stipulated after the seventh section of the fourth chapter of the Criminal Law and is applicable to the criminals who do not pose personal or social danger.After meeting specific time conditions,public authorities should issue a certificate of criminal record for restoration.
criminal rehabilitationelimination of criminal recordconsequence of crimeproportionality principle
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