轻罪附随后果消灭制度的构建研究
Research on the Construction of the System of the Elimination of Misdemeanors with Incidental Consequences

我国轻罪数量在积极刑法观和劳教制度取消的双重影响下逐年累增，也导致了我国轻罪附随后果随之扩张。轻罪附随后果的扩张和其消灭制度的缺失导致轻罪附随后果影响的人群庞大。轻罪的治安管理属性和覆盖范围极广、影响范围极大的附随后果之间比例失衡。轻罪附随后果消灭制度有着悠久历史以及各国丰富的实践经验，大陆法系与英美法系都存在对轻罪附随后果消灭制度的规定。我国应当通过增设轻罪制度以对轻罪附随后果进行统一化管理。将附随后果纳入刑法的明文规定中，并对轻罪附随后果构建高效的司法管理制度。
The number of misdemeanors in our country is increasing year by year under the dual influence of the positive criminal law view and the abolition of the reeducation through labor system, which also leads to the expansion of the incidental consequences of misdemeanors. The expansion of misdemeanor collateral consequences and the lack of its elimination system lead to a large number of people affected by misdemeanor collateral consequences. There is an imbalance between the public security management attributes of misdemeanors and the collateral consequences that cover a very wide range and have a great impact. With a long history and rich practical experience in various countries, the system of misdemeanors’ incidental consequences elimination exists in both the civil law system and the common law system. China should establish a system of misdemeanors to manage the incidental consequences of misdemeanors in a unified way. We should incorporate the incidental consequences into the explicit provisions of criminal law, and construct an efficient judicial management system for the incidental consequences of misdemeanors.