輕罪擴張背景下的犯罪附隨後果研究

A Study of the Collateral Consequences of Crime in the Context of Misdemeanor Expansion

中國已經進入輕罪時代，但“刑罰體量輕而附隨後果苛重”的倒掛現象阻礙著輕罪治理體系的構建。犯罪附隨後果由規範性附隨後果和非規範性附隨後果組成。目前，犯罪附隨後果在功能上已然演變為對刑滿釋放人員的懲罰，造成這一異化現象的原因是犯罪附隨後果載體龐大複雜、與所犯之罪缺乏實質關聯以及失信懲戒被濫用。因此，單憑僅針對規範性附隨後果的前科消滅無法解決成因複雜、載體多樣的犯罪附隨後果，況且不利法律地位的消滅並不等於權利和名譽復歸至圓滿狀態；對此，還需要構建復權制度與前科消滅一同化解規範性評價。至於非規範性評價，應當從根源上杜絕犯罪記錄在社會層面的傳播，具體對策為擴大犯罪記錄封存制度，以及引入“社會保證人機制”恢復刑滿釋放人員的社會信用。

China has entered the era of misdemeanors, but the inverse phenomenon of ''light punishment and severe consequences'' hinders the construction of misdemeanor management system. The collateral consequences of a crime consist of normative and non - normative consequences. At present, the incidental consequences of crime have functionally evolved into punishment for those released after serving their sentences, and the causes of this alienation phenomenon are the large and complex carrier of criminal collateral consequences, the lack of substantive connection with the crime committed, and the abuse of punishment for breach of trust. Therefore, the elimination of criminal collateral consequences with complex causes and diverse vectors cannot be solved by eliminating the previous convictions of normative collateral effects alone, and the elimination of unfavorable legal status is not the same as the restoration of rights and reputations to a satisfactory state; In this regard, it is also necessary to build a reinstatement system and eliminate previous convictions to resolve normative evaluation. As for non - normative evaluations, the dissemination of criminal records at the social level should be eliminated at the root, with specific countermeasures such as expanding the system for sealing criminal records and introducing a ''social guarantor mechanism'' to restore the social credit of those released after serving their sentences.