犯罪圈扩张视野下附随后果的规范化探究

A Standardized Exploration of the Accompanying Consequences under the Perspective of Expanding the Criminal Circle

摘要: 犯罪附随后果制度是指刑罚执行完毕后，对犯罪人及其亲属某些权利或资质进行限制或剥夺的一种负面后果，其消极影响随着犯罪数量的增长愈发严重，主要表现为制度规定不协调、违反责任自负主义、后果适用缺乏均衡性。然而，作为一种特殊的保安处分措施，犯罪附随后果具有强化轻罪刑罚效果、预防犯罪人再犯、维护公共利益的价值，现阶段完全取消该制度不具有合理性。因此，有必要重塑附随后果在犯罪防控中的应用，规范其立法层级、贯彻比例原则、建立前科封存制度，最大程度上发挥其制度活力。

Abstract: The system of accompanying consequences of crime refers to a negative consequence of restricting or depriving certain rights or qualifications of the offender and their relatives after the execution of the punishment. Its negative impact becomes increasingly severe with the increase of the number of crimes, mainly manifested as the lack of coordination in the system provisions, violation of the principle of self responsibility, and lack of balance in the application of consequences. However, as a special security measure, the accompanying consequences of crimes have the value of strengthening the punishment for minor offenses, preventing offenders from committing crimes again, and safeguarding public interests. It is unreasonable to completely abolish this system at this stage. Therefore, it is necessary to reshape the application of incidental consequences in crime prevention and control, standardize its legislative hierarchy, implement the principle of proportionality, establish a system of criminal record sealing, and maximize its institutional vitality.