Hierarchical Division of the Collateral Consequences of Criminal Conviction—Embracing the Opportunity of the Shift towards Preventive Legislation of Criminal Law
In recent years,China's criminal legislation activities have ushered in a major shift in preventive legisla-tion.Under this background,there exists a relatively tense relationship between the strong appeal to reduce the severity of punishment and the severity of the consequences attached to the crime,as well as the self-identity of preventive offenders and the identity of the public,opening a window of opportunity to improve the system of col-lateral consequences of criminal conviction.In the current system of collateral consequences of criminal conviction,there are legal deficiencies such as the lack of proportionality in the content of restrictions,and the normative carrier violating the principle of legal reservations.The underlying cause lies in the fact that people stereotype criminals as a disgrace to modern civilized society.In this regard,the hierarchical division of the criminals should be the core to facilitate the improvement of such system.Given the national nature of the people's democratic dictatorship,lifelong criminal consequences should be used with caution,and a system for eliminating prior convictions should be established;given the differences in the personal dangers of criminals,restrictions should be set in proportion.
collateral consequences of criminal convictionpreventive legislationelimination of prior convictionscriminalsproportionality principle
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