浅论前科消灭制度的刑事政策基础

A Brief Discussion on the Criminal Policy Foundation of the Elimination System of Criminal Record

中国现行的犯罪前科制度与之前我国所实施的严打的刑事政策相呼应,而本文所中提到的前科消灭制度则就适应了宽严相济的刑事政策的理念,不仅体现了保护人权的精神,并且还深刻的体现了刑罚的谦抑性。前科消灭制度与法律的双重规制机能有着相应的契合度。我国对于未成年人的前科管理制度方面是一直有在尝试,并且随着学者以及大量的理论研究、关于社会矛盾的研究的分析,随着宽严相济的刑事政策的理念和政策性的到来,前科消灭制度就可以由此而进行考量、综合评价再进行构建。不仅要有理论的支撑,还要有严格程序模式以及严格的特定方式。

China’s current criminal record system echoes its current criminal policy of strict punishment, and the criminal record elimination system mentioned in this paper ADAPTS to the concept of the criminal policy of tempering leniency with severity, which not only reflects the spirit of protecting human rights, but also profoundly reflects the modesty of punishment. It has the corresponding fit degree with the dual regulation function of law. There is attempt in our country to the criminal record management system of juvenile, and along with scholars and plenty of theoretical research and research on social contradictions, as the concept and the policy of criminal policy of tempering justice with mercy comes, the criminal record elimination system can be taken into consideration from this, and the comprehensive evaluation is constructed again. It has to be supported not only by theory, but also by strict procedural models and strict specific ways.