论我国前科消灭制度的建立

前科消灭在许多国家的刑法中都有规定。我国刑法,目前没有＂前科＂之名,而且没有前科消灭制度,却有前科报告制度之实。这样的制度设计使犯罪者终生背负犯罪的标签,无法重新融入正常的社会。分析我国刑法在前科方面规定的不合理性,有助于立法者了解建立前科消灭制度的必要性。

Establishment of Elimination of Previous Conviction in Our Criminal Law

Elimination of previous conviction was stipulated in the criminal law of many countries in the world.In the criminal law of our country,there is no name of＂Previous Conviction＂or elimination system of it,but its report system exists.Such a system design makes a criminal carry a label with an offence on his back all his life so that they can t enter into a normal society.Analyzing the irrationality of our criminal law about Previous Conviction combining with the foreign criminal law can help law stipulators understand the necessity of establishing elimination of Previous Conviction in our criminal law.