积极刑法观下犯罪附随后果研究

The Risk of Subsequent Consequences of Crimes and Its Countermeasures under the Background of New Crime

在积极刑法观的指引下,新罪,尤其是轻罪不断增设,在此背景下,犯罪附随后果蕴含的风险不断加剧。具体而言,增设新罪背景下犯罪附随后果的风险源于行政处罚带来的权利限制、信用惩戒导致的信誉降低、犯罪记录形成的负面印象,并在处遇措施无序、网络时代到来、信用机制失灵等因素的影响下致使犯罪附随后果过于严苛、趋向弥散、难以消解,犯罪附随后果的风险由此生成。化解犯罪附随后果的风险,得从恪守人权保障原则、谨慎对待后果增设、明晰措施适用限度三方面入手对规范的犯罪附随后果进行调整。与此同时,想要通过对规范的犯罪附随后果与非规范的犯罪附随后果进行整体改造进而防范犯罪附随后果的风险,则需要将规范的犯罪附随后果纳入刑事法治范畴、使社会自治力量介入完善社会信用体系、让群体对立减轻接纳复归社会的有犯罪记录人员,从而在国家、社会、个人三个层面形成合力,完善社会主体间的信任机制,实现犯罪的有效治理。

Under the guidance of a positive concept of criminal law,new crimes,especially misdemeanor crimes,are constantly being added.In this context,the risks of the consequences of crimes continue to increase.Specifically,the risk of secondary consequences of crimes in the context of adding new crimes stems from restrictions on rights caused by administrative penalties,reduced credibility caused by credit punishment,negative impressions of criminal records,and disorderly treatment measures,the advent of the Internet era,Under the influence of factors such as the failure of the credit mechanism,the collateral consequences of crimes are too harsh,tend to diffuse,and are difficult to resolve.The risk of collateral consequences of crimes arises from this.To resolve the risks of criminal consequences,we must start with the three aspects of abiding by the principles of human rights protection,cautious treatment of the addition of consequences,and clarifying the application limits of measures to adjust the regulatory consequences of crimes.At the same time,we want to adjust the consequences and consequences of regulated crimes.The overall transformation of standardized criminal consequences to prevent the risk of criminal consequences requires that the standardized criminal consequences should be included in the category of criminal law,social autonomy should be involved in the improvement of the social credit system,and group opposition should be allowed to reduce the acceptance of criminals who have returned to society.In this way,a joint force is formed at the three levels of the country,society,and individuals,perfecting the trust mechanism between social subjects,and realizing effective crime management.