刑罚附随后果与社会信用体系的耦合及其优化

Coupling and Optimization of Consequences of Criminal Punishment and Social Credit System

刑罚附随后果作为一种长期以来被应用于我国社会治理实践中的治理工具,与当前我国正在建构中的社会信用体系形成了一定程度上的制度耦合。刑罚附随后果通过三种不同的样态,作用于社会信用体系的构建。但目前,二者的耦合与衔接尚存在较大的优化空间。因此,应当在充分贯彻社会信用体系固有的人本主义价值内核的基础上,对刑罚附随后果的应用进行限定和完善,强调其作为失信惩戒手段时与犯罪行为的因果关联,慎重对待其对犯罪人基本权利的克减和限制,并通过完善守信激励制度为曾受刑罚者冲减刑罚附随后果的负面影响提供有效渠道。

As a kind of governance tool that has been applied in China's social governance practice for a long time, consequences of criminal punishment have formed institutional coupling with the social credit system being constructed in China to some extent. Consequences of criminal punishment act on the construction of a social credit system by three different forms. However, there is still a large space for the optimization of their coupling and connection. Therefore, it’ s necessary to confine and consummate the application of consequences of criminal punishment, on the basis of fully carrying out the humanism value of the kernel inherent in the social credit system, with a stress on the causal relationship with crime behavior when considering a means for dishonesty disciplinary punishment, seriously treating the basic rights of criminal reductions and limitations, and providing effective channels for criminal in elimination of the negative impacts of consequences of criminal punishment by perfecting trustworthy incentive system.