轻罪前科消灭制度构建的研究

Research on the Construction of the Minor Criminal Record Elimination System

摘要: 在中国步入“轻罪时代”背景下，大量轻微犯罪人因终身化前科记录面临就业、教育、落户等系统性排斥，既违背罪刑法定、比例原则与刑法谦抑性，也阻碍其再社会化并浪费刑事资源。文章在梳理现行前科制度缺陷与域外经验基础上，论证构建本土轻罪前科消灭制度的现实必要性与可行性，提出以“三年以下法定刑”为轻罪边界、以“广义前科 + 例外排除”为范围、以“五年以下阶梯考验期 + 未再犯”为核心条件，并设计“本人–亲属共同申请、原审法院审查、多部门协同执行”的程序路径。同时主张同步清理低层级、株连式及无关联性的前科规定，配套就业帮扶与个人信息救济机制，实现犯罪防控与权利保障、法律效果与社会效果的平衡。

Abstract: Against the backdrop of China entering the “era of minor offenses”, a large number of minor offenders face systemic exclusion in employment, education, and household registration due to lifelong criminal records. This not only violates the principles of legality, proportionality, and the restraint of criminal law, but also hinders their reintegration into society and wastes criminal resources. Based on an analysis of the shortcomings of the current criminal record system and international experiences, this article argues for the practical necessity and feasibility of establishing a domestic system to eliminate minor offense records. It proposes a framework with “a statutory sentence of less than three years” as the threshold for minor offenses, “broad criminal records plus exceptional exemptions” as the scope, and “a five-year probation period plus no recidivism” as the core conditions. The article also outlines a procedural path involving “joint application by the offender and their relatives, review by the original court, and multi-departmental collaborative enforcement”. Additionally, it advocates for the simultaneous removal of low-level, collateral, and irrelevant criminal record provisions, along with employment assistance and personal information relief mechanisms, to achieve a balance between crime prevention and rights protection, as well as between legal and social outcomes.