前科消滅論.pdf

1、湘潭大學(xué)碩士學(xué)位論文前科消滅論姓名：彭新林申請(qǐng)學(xué)位級(jí)別：碩士專(zhuān)業(yè)：刑法學(xué)指導(dǎo)教師：馬長(zhǎng)生20070501IIAbstract The elimination of previous conviction system may be defined as a kind of criminal system that was referred once one received the court guilty announcement o

2、r was sentenced to be a guilty person, when conformed to the legal conditions, the country expunges the previous convictions for him, thus causes the unfavorable state to vanish, restores his normal legal status. The leg

3、al nature of elimination of previous conviction should not position on the elimination of criminal liability or Penalty sustained effect, instead, it ought to position on the elimination of crime sustained effect. From t

4、he perspective of normative analysis, specific object, legal conditions as well as strict procedure in applying are the characteristics of elimination of previous conviction.But if we approach it from a substantive angle

5、, we may find that the system of elimination of previous conviction is full of interests compromise, value tendentiousness as well as nimble operation. Nobody, needless to say, can deny the fact that this system may exer

6、t positive influence to the criminals, the society, the whole country. for the criminals, the elimination of previous conviction system are quite necessary to move them for renewal, encouraging them to live a law-abiding

7、 life, adapting them to the surroundings. As for the society, this system are a must to keep the society order in movable balance, to protect the society security from being endangerd, and call the general public for sym

8、pathy. As far as the country is concerned, to eliminate the previous conviction are also beneficial to show the country’s generosity towards the criminals, and guard the whole regime at large. Besides, this system’s cont

9、ent should contains three parts which include abolishment of criminal record, restriction in criminal record be public, and Rehabilitation. It is not necessary to exert too much restrictions in elimination of previous co

10、nviction from three aspects, such as Crime nature, penalty, object, etc. but it doesn’t mean that we cann’t establish different applicable approaches for the elimination of previous conviction. In fact, different applica

11、ble approaches for elimination of previous conviction are good for fully display the maximum work effect in the aspect of criminal policy. Moveover, this system mainly contains three basic kinds of styles to eliminate th

12、e previous conviction, that is, legal elimination of previous conviction, judicial elimination of previous conviction, and remit to eliminate the previous conviction, each kind of elimination of the previous conviction m