论犯罪前科消灭制度的刑理基础

On Criminal Jurisprudence Basis of Elimination of the Record of Previous Crime

犯罪前科消灭制度切合人权保障、谦抑、宽容的刑法理念,体现了公正报应和功利预防的刑罚目的,符合我国宽严相济的刑事政策。犯罪前科消灭制度已成为世界刑事立法的潮流和趋势,顺应此种潮流和趋势,有利于我国刑事立法走向国际化、走向世界。

Elimination of the record of previous crime meets the concept of criminal law about the protection of human rights, modesty and tolerance. It reflects the purpose of punishment of fairness penalty and utility prevention, in line with our criminal policy of combining punishment with leniency. Elimination of the record of previous crime has become a world trend and the trend of criminal legislation, conform to this trend and the trend in favor of the internationalization of criminal legislation, to the world.