关于前科制度的两个问题的探讨

Discussion on Two Questions of Criminal Record

前科无须以被实际科刑为前提,而应以单纯的有罪宣告作为构成前科的条件。前一犯罪被判处缓刑的犯罪人可以构成前科。

Criminal record should be identified considering the first nominal conviction instead of being sentenced to prison. So those who have just been sentenced to probation should be regard as having criminal record.