An Analysis of Unconstitutionality and a Study of the Way Out: The Transmutation of the System of Prior Convictions in the Era of Decriminalization

违宪探析与出路研究：轻罪化时代前科制度之嬗变

The optimization of the system of previous convictions to align with contemporary development and shifting societal characteristics has further promoted the era of decriminalization. A comprehensive review of relevant literature and comparative studies of extra-territorial laws reveals that contemporary Chinese criminal legislation and justice, guided by a positive view of criminal law, exhibit characteristics of misdemeanorization. This phenomenon significantly impacts the governance of illegal crimes, the response to social needs, and ensuring that the crime and responsibility of the punishment are compatible with each other. However, the evolution of this era of misdemeanorization has resulted in a reduction in the threshold of criminality, leading to an increase in the number of individuals who are identified as criminals. This phenomenon has exacerbated the structural disadvantages and unconstitutional characteristics of the traditional system of prior conviction, which are continually amplified in the context of the new era. This ongoing conflict with the traditional system of prior conviction has the potential to adversely impact the stability and harmony of society. By examining the unconstitutionality of the former criminal conviction system and offering guidance on countermeasures, we can establish a favorable policy environment and institutional framework for achieving the high-quality development of the rule of law in China.

通过对前科制度加以优化以适应现实发展需要和时代变化特点，进一步实现轻罪化时代的顺利推进。运用文献研究和域外法比较研究发现，现阶段中国刑事立法和司法方面在积极刑法观的指导下呈现出轻罪化的特征，在面对违法犯罪的治理、社会需求的回应以及保证罪责刑相适应等方面有着极大的推动作用。但轻罪化时代的发展使得犯罪门槛降低从而让更多人被认定为犯罪，导致传统前科制度的结构性弊病和违宪性特征在新时代的发展中被不断放大，势必会导致与传统犯罪前科制度发生冲突，影响社会的稳定与和谐。通过对前科制度的违宪性情况进行分析并加以对策指引，从而为实现中国刑事法治的高质量发展提供良好的政策环境与制度基础。