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1997年《刑法》修订以来,其第100条关于前科报告制度的规定对维护军队安全,保障企业、事业单位的合法利益与其知情权等起到了积极的作用。随着社区矫正工作的深入开展,追求矫正效果、降低服刑人员解除矫治后的重新犯罪率作为一项工作目标不断巩固其重要地位。而在当今社会中,片面强调防范有前科的人员来维护军队和企业、事业单位的安全是否必要?矛盾是特殊性与普遍性具体的历史的统一,保障军队安全以及企业、事业单位的人事知情权和安全保卫权在今后很长的发展阶段是既定的,而对于目前如何从刑法层面上有力地保障和推动社区矫正的发展又是需要根据实际情况来做出调整的。
Since the revision of the Criminal Law in 1997, Article 100 of the Provisional Report System has played a positive role in safeguarding the security of the armed forces, safeguarding the legitimate interests of enterprises and public institutions and their right to be informed. With the deepening of community corrections, the pursuit of corrective effects and reducing the rate of recidivism after serving prisoners have been relieved of their correction have continuously consolidated their important status as a work objective. However, in today’s society, it is necessary to unilaterally emphasize that it is necessary to safeguard the security of the military, enterprises and public institutions by guarding against criminal records. Contradictions are the historical unification of particularity and universality, safeguarding the security of the armed forces and personnel and personnel in enterprises and public institutions The right to long-term development and the right to security are well established in the future. However, how to effectively safeguard and promote community correction at the criminal law level needs to be adjusted according to the actual situation.