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In this case, it is inevitable to face a grim social reality. With the continuous improvement of the legal system, more and more petty crimes have been included in the scope of criminal law, resulting in a significant increase in the number of people with criminal records. However, their future and path to reform are trapped by the "brand" of criminal records, and if the "stain" on their bodies is removed, will the deterrent effect of punishment be weakened?
According to the work reports of the Supreme People's Court over the years, the average number of people sentenced to criminal punishment in the past five years has reached 1.2 million, and this number continues to grow. At the same time, due to the rising proportion of misdemeanors, a major change has taken place in the structure of criminal offenses in our country. From 2013 to 2022, the proportion of serious violent crimes such as homicides, kidnapping and robbery fell by more than 30%. Among them, nearly 85% of the criminal cases in 2021 were misdemeanors with sentences of less than three years. It has been called by some that our country has entered an "era of misdemeanors", and the changes in the criminal structure have also brought about new social problems.
Some ex-offenders are forced to endure social scabies and discrimination due to minor crimes, such as traffic accidents. At the same time, criminal records also have a certain negative impact on the family, which is mainly reflected in the "political trial," which is called criminal record involvement. The so-called political trial is also to examine your family background and political ideological performance, including whether your direct blood relatives have a criminal record, and sometimes even include collateral blood relatives. This has led to discussions on how to balance punishment and education, how to effectively achieve social reintegration of ex-offenders, and how to establish a system for the elimination of ex-offenders.
The ex-offender expungement system is a mechanism designed to legally rejuvenate ex-offenders. The core of this is that the criminal record of misdemeanor offenders who have gone through a certain period of time and meet certain substantive conditions can be legally expunged. In China, due to the single penal system and the strict system of criminal punishment, such as criminal record reporting, professional restrictions, and political trials, misdemeanor cases often bring serious social consequences that are not commensurate with their minor nature. And this kind of situation of "misdemeanor is not light" can easily push the misdemeanor offenders to the opposite side of society and become a factor of social instability.
The social acceptance of the ex-offender elimination system is not high, and there is a general attitude of exclusion and distrust towards ex-offenders. In the job market, ex-offenders are often seen as "undesirable" people. At present, this system is still in the stage of proposal and discussion, and although the proposals of NPC deputies and legal experts have received some positive responses, they are also facing more extensive doubts and opposition. The general public belief that ex-offenders should not be "commuted" or "pardoned" as a result of this may lead to increased social risk has become a major obstacle to the establishment of a system of ex-offender erasure.
In some countries, the ex-offender expungement system is well established, and through the establishment of probationary periods and community service, it is possible to free them from the influence of ex-offenders after certain conditions are met. In the United States, for example, some states have passed laws that allow records of minor offenses to be sealed or deleted after certain conditions have been met, which has played a positive role in reducing recidivism rates and helping ex-offenders reintegrate into society. Another example is the UK's Exonerated Criminal Records Act, which also provides opportunities for ex-offenders to reintegrate into society. These practices not only humanize the law, but also help to reduce social exclusion and negative emotions.
The establishment of a system for the elimination of criminal records should adopt a "graded" system rather than a "one-size-fits-all" system. This system is mainly applicable to offenders who have been sentenced to minor crimes of less than three years, and should maintain a "zero tolerance" attitude towards serious crimes, such as sexual crimes, terrorist crimes, and organized crimes. The consequences of expungement include the fact that the authority must declare the criminal record expungement and restore the offender's damaged rights, such as exempting the offender from reporting the criminal record, ensuring that the criminal record does not become an aggravating circumstance, and prohibiting the enterprise or employer from discriminating against or unfairly treating the person after the exoneration.
In order to meet the needs of the modern information network society, the supporting system for the elimination of criminal records also needs to be improved. This includes optimizing the criminal record system, expanding the scope of criminal record sealing, and including minor adult criminal records, so as to reduce the risk of criminal records being re-disseminated and used. At the same time, a special database should be established for recording expungement convictions, which should have a special "expungement" marking, and clearly stipulate that these records are prohibited from being consulted, shared, or reused without legal permission. This not only helps to provide a fresh start for persons who have committed minor crimes, but also helps to promote social harmony and stability.
Society should give more opportunities to those with criminal records, especially those who have committed minor mistakes or negligent crimes. Sound legal reform and social understanding and support can help them rebuild their lives and contribute to a more equitable and inclusive social environment. This is not only a salvation for those who have already made mistakes, but also an investment in a virtuous circle for the whole society. However, achieving this goal will also require a shift in public awareness and a broader social consensus.