前科消灭制度评析与我国立法构想

Critique of the System of Elimination of Criminal Record and Plans of Our Legistation

作为一项法律制度,前科消灭在西方许多国家刑事立法中已有较明确的规定,而我国的刑事立法至今尚未对此给予足够的重视。随着社会文明的不断进步,刑法运行的内在机理中渗透了越来越多的伦理学理念,有前科者也受到了人们愈来愈多的关注。因此,在我国的刑法典中确立前科消灭制度,便成为完善我国刑事立法的内在要求。

As one of the items of legal system, elimination of criminal record has already been prescribed rather clearly in criminal legislation of many western countries, whereas it has not yet been given enough attention in ours. With the constant development of social civilization, more and more ideologies of ethics are infiltrated into the internal mechanism of criminal law functions, and people with criminal record are receiving more and more public concern. Therefore, the establishment of the elimination of criminal record in our Criminal Law has become the internal demands to perfect our criminal legislation.