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刑法的目的是预防犯罪,即通过对犯罪分子适用刑罚,惩罚改造犯罪分子,预防他们重新犯罪;同时,威慑、儆戒潜在的犯罪者,防止他们走上犯罪的道路。但是在我国法律实践中,曾受过刑事处罚的人,不管罪行轻重、主观恶性大小、是否彻底悔改,均存在犯罪记录,而且终身不能消除。本文就前科无限期存在的不合理性进行论证,在此基础上提出确立前科消灭制度的相关设想。
The purpose of the criminal law is to prevent crime, that is, to punish criminal criminals and punish criminal criminals so as to prevent them from committing a crime again. At the same time, they deter deterrent and deter potential criminals from going on the path of criminality. However, in our legal practice, those who have ever been subjected to criminal punishment, regardless of the gravity of their crimes, the magnitude of subjective viciousness, and their complete repentance, have criminal records that can not be eliminated for life. This article argues for the unreasonable existence of the forerunner indefinitely, and on this basis puts forward the related assumptions on establishing the extermination system of the forerunner.