Shumin Sun, Junlin Huang

Shumin Sun

29, December 2023

Misdemeanor governance, Prior convictions system, Mitigating attachments, Rule improvement.

In the context of misdemeanor governance, the irrational design flaws of the prior conviction system stand out, and its negative impact is centered on the excessive consequences attached to crime. Based on the record of previous convictions, the system of previous convictions should rationally balance the needs of national governance and the protection of citizens' private interests. In order to alleviate the problem of excessive collateral consequences caused by the rational defects of the system's previous conviction system, it is suggested that they should start from alleviating the collateral consequences, make it clear that the previous conviction system is actually a record of penal facts, and think about how to amend the previous conviction system. The design of the prior conviction system needs to weigh the problem of conflict of interest between national governance and the protection of citizens' rights and interests, clarify the scope of prior convictions that can be watered down and the time conditions under which the prior conviction system can be watered down, and finally need to exempt the obligation of proactive reporting of prior convictions after they have been watered down and delete some of the prior convictions that have no relevance to the penalties.

© 2023, the Authors. Published by ISCCAC

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