The Normative Reconstruction of the Incidental Consequence of Crime
The incidental consequence of crime is a fact that the application of the current criminal incidental consequences is too broad.The main performance of the generalization application of the incidental consequence of crime are the excessive basis of establishment violates the principle of legal reservation,the expansion of the application object violates the principle of responsibility,the arbitrary application conditions violate the principle of due process,the severe application consequences violate the principle of balance between crime and punishment,and the punitive content violates the principle of legality.It is suggested that according to the principle of legal reservation,the establishment basis should be cleared up and the incidental consequences of crime set up outside the law should be abolished.According to the principle of preventing recidivism,the setting model should be improved from the aspects of limiting the applicable objects,paying attention to the correlation of conditions and abolishing the permanent period.According to the principle of protection of rights,measures such as expanding the scope of sealing criminal records,adding provisions on the elimination of criminal records and the restoration of rights should be taken to improve the relief mechanism.
the incidental consequence of crimepractical characteristicsoveruselegislative recon-struction
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