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前科制度在预防犯罪方面有其积极的意义,但前科记录的无限期存在,给前科者造成永远抹不掉的耻辱效应,严重损害了前科者重返社会正常生活的基本权利,也阻碍了前科者积极复归社会,对社会秩序的稳定带来了极大的隐患。本文在说明前科消极后果的基础上,阐释了确立前科消灭制度的正当性依据,并对前科消灭制度的内容作了初步构想。
The former system has its positive significance in crime prevention. However, the indefinite existence of previous records has inflicted an indelible shameful effect on its predecessors and has seriously damaged the fundamental rights of its former officers to return to normal life. It has also hindered the advancement of the criminal record They have actively returned to society and have brought great hidden danger to the stability of social order. Based on the negative consequences of the previous section, this article explains the justification of the establishment of the extermination system and the tentative idea of the content of the extermination system.