轻微犯罪视域下前科消灭制度构建研究

Research on the Construction of the ExpungementSystem for Criminal Records in the Context of Minor Offenses

在轻罪化立法背景下,我国刑法由重罪重刑的小刑法逐步转向刑事制裁日渐轻缓的大刑法。众多轻微犯罪行为被纳入刑法规制的范畴,从而加速了轻罪犯罪圈的扩张,导致我国轻微罪案件的数量呈现出显著增长态势。然而,由于我国前科制度的永久存续,大量轻罪案件存在“轻罪不轻”的现象,现有前科制度有违罪责自负、罪刑法定的原则,不利于轻罪犯重新回归社会,为消除当下前科制度产生的负面效应,故有必要构建轻微犯罪前科消灭制度。

Under the background of legislation focusing on the decriminalization of minor offenses,China's criminal law has gradually shifted from a small criminal law with severe punishments for major crimes to a large criminal law with increasingly lenient criminal sanctions.Numerous minor criminal acts have been incorporated into the scope of criminal law regulation,thereby accelerating the expansion of the circle of minor crimes,leading to a significant increase in the number of minor crime cases in China.However,due to the permanent existence of China's criminal record system,a large number of minor crime cases exhibit the phenomenon of"minor crimes not being treated lightly."The existing criminal record system violates the principles of personal responsibility for offenses and legality of crimes and punishments,and is not conducive to the reintegration of minor offenders into society.To eliminate the negative effects of the current criminal record system,it is necessary to construct a system for expunging criminal records for minor offenses.