前科消灭制度及其在我国刑法中的构建

前科消灭制度顺应了社会发展的需要,因而在国外刑事立法及刑法理论上受到广泛认同.然而,我国刑法至今尚未确立这一制度,学界对此也少关注.考虑到前科消灭制度有助于实现法的正义、平等,体现了社会宽容,能够有效预防有前科者再犯等积极因素,在我国刑法中实有必要建立前科消灭制度.

System of Elimination of Criminal Record and Construction of It in Our Criminal Law

The system of elimination of criminal record complied with the need of development of society. Therefore it has been widely accepted by legislation and theory abroad. However, the criminal law in our country has not accepted this system up to the present, and the theory circle has not paid enough attention to it. Considering the positive factors of this system such as contributing to realize the justice, equality of law, reflecting the tolerance of society, preventing person who has criminal record from recommitting effectively, thus it is necessary to set up this system in our criminal law.