轻微犯罪如何定义、封存，最高法调研透露信号

Core Viewpoint - The article discusses the establishment of a minor crime record sealing system in China, emphasizing the need to expand the current system from minors to adults, addressing various challenges and proposing pilot programs for implementation [3][10]. Definition of "Minor Crime" - There is currently no clear legal definition of "minor crime" in China's criminal law, leading to significant debate on how to classify such offenses [4]. - The report suggests that "minor crime" should not simply equate to "light crime + micro crime," but should be defined as the least harmful subset of light crimes, using the announced sentence as a basis for classification [5]. Criteria for Minor Crime - Three main opinions exist regarding the criteria for defining minor crimes: 1. Minor crimes should be defined as those resulting in a sentence of less than one year for intentional crimes or less than three years for negligent crimes, with over 60% of offenders eligible for record sealing in 2024 [5]. 2. The definition should limit the proportion of offenders eligible for sealing to 30% of the total sentenced, resulting in about 58% of offenders being eligible [5]. 3. Minor crimes could be defined as those resulting in a sentence of less than detention, with only 16.1% of offenders eligible [5]. - The research group leans towards the first opinion while considering the merits of the other two [6]. Exclusions from Sealing - Certain crimes, such as those endangering national security, terrorism, sexual offenses, drug crimes, organized crime, and corruption, should be excluded from the sealing process [6]. - The sealing system should apply only to first-time offenders, excluding repeat offenders [6]. Sealing Process - The report discusses whether to seal only the "guilty verdict" or include records from investigation, prosecution, and execution stages, suggesting that all related records should be sealed [8]. - It recommends an "automatic sealing" model, where the sealing process is initiated by authorities once the conditions are met, rather than requiring a formal application [9]. Pilot Program Recommendations - The report advocates for a nationwide pilot program to explore the minor crime record sealing system, suggesting that the National People's Congress authorize central legal units to conduct trials [10]. - It recommends starting with crimes that have a high case volume and social impact, such as dangerous driving, and focusing on lighter penalties [10]. Legal Framework and Revisions - The report calls for a comprehensive review of existing laws and regulations related to criminal records, identifying 418 relevant legal documents that may conflict with the sealing system's objectives [11]. - It emphasizes the need to revise laws to ensure that sealed records do not affect lawful employment opportunities, proposing specific exceptions for certain crime types [12].