Study on the Incidental Consequences of Crime in the Era of Misdemeanor Era
DOI:
https://doi.org/10.62051/x33k8t45Keywords:
The Era of Misdemeanors; Incidental Consequences of Crime; Occupational Prohibition; The Principle of Proportionality; Improvement Path.Abstract
Under the background of the misdemeanor era, the normative concept and functional orientation of the incidental consequences of crime have changed. Incidental consequences of crime refer to the adverse consequences that are stipulated outside the criminal law and apply to criminals or their relatives, which detract from social evaluation or increase the burden of obligations. The functional orientation is also different in the eras of misdemeanor and felony. There is no distinction between the incidental consequences of misdemeanors and felonies, which violates the principle of proportionality, and the principle of prohibiting repeated evaluation. The negative effects are becoming more obvious. We should strengthen the correlation between the incidental consequences of crime and the preconditions that trigger the consequences, adjust the conflicts between the provisions of different ranks of effectiveness, and adjust the provisions on the incidental consequences of criminals and non-criminals to follow the principle of proportionality so that the incidental consequences of crime can be more appropriately applied in the era of misdemeanors.
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Zhou Qiang: Work Report on the Supreme People’s Court in 2021, published in https://www.court. gov.cn/ zixun/ xiangqing /289621.html, the official website of the Supreme People’s Court, visited on November 9th, 2023.
Zhou Qiang: Work Report on the Supreme People's Court in 2022, published in https://www.court.gov.cn/zixun-xiangqing-349601.html, the official website of the Supreme People’s Court, visited on November 9th, 2023.
For example, Article 3 of the Notice of the Office of the People’s Government of Tengxian of Guangxi Zhuang Autonomous Region on Printing and Distributing the Implementation Plan of the Minimum Living Security for Urban and Rural Residents in Tengxian in 2020 stipulates: “Those who participate in illegal activities such as gambling, whoring, drug abuse, theft, prostitution, fraud and illegal organizations and refuse to change their minds after repeated education cannot enjoy the minimum living allowance.”.
For example, Article 13 of the Judges Law stipulates: “A person who has been criminally punished for a crime may not serve as a judge.”.
Zhang Mingkai. The Promotion of Misdemeanor Legislation and the Change of Consequences, Comparative Law Research, No.4, 2023, pp. 1-17.
[Germany] Hans Heinrich Yessek and Thomas Wigent. Textbook of German Criminal Law, translated by Xu Jiusheng, China Legal Publishing House, 2001, p. 947.
Wang Ruijun. The Perfection of China’s Penalty Incidental Consequence System, Politics and Law, No.8, 2018, pp. 92-106.
Wang Ruijun: The Function and Boundary of “Penalty Adjoining Sanctions”, Law No.4, 2021, pp.44-60.
The same as note 11.
The same as note 11.
Li Ruoyu, Meng Lingxing. Deconstruction and Reconstruction of Incidental Consequences of Crime in the Era of Statutory Offenders, Journal of Hubei Police Officers College, No.1, 2021, p. 157.
The same as note 10.
Chidi Umez & Joshua Gaines, After the Sentence, More Consequences. A National Report of Barriers to Work, New York: The Council of State Governments Justice Center. https://csgjusticecenter.org/publications/after-the-sentence-more-consequences/national-report/.
Ji Ying. The Present Situation, Dilemma and Reflection of the Misdemeanor Governance System in the United States, Politics and Law, No.1, 2022, pp. 67-79.
Shi Jinghai. A Study on Repeated Evaluation of Organized Crimes of Underworld Nature, Modern Law, No.6, 2014, pp. 91-107.
The same as note 8.
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