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株连制度,为什么仍牢固地存在着?
Hu Xiu· 2025-07-29 12:09
Core Viewpoint - The article discusses the systemic discrimination and lifelong consequences faced by individuals with administrative violations, emphasizing the need for legal reforms to address these issues and promote fairness in the justice system [4][16][84]. Group 1: Impact of Administrative Violations - Individuals with administrative violations experience significant emotional distress, including depression and regret, due to the stigma attached to their records [3][21]. - A case study illustrates how a minor traffic violation can lead to severe repercussions, such as being denied school admission due to a child's administrative record [9][11]. - The article highlights that administrative violations can have lifelong impacts, affecting employment opportunities and social standing, akin to a modern form of branding [13][16][62]. Group 2: Legal and Social Implications - The article critiques the principle of proportionality in punishment, arguing that the penalties for minor infractions often exceed the severity of the offense, leading to unjust lifelong consequences [17][50]. - It points out that the legal system often fails to differentiate between minor infractions and serious crimes, resulting in disproportionate penalties for individuals with administrative violations [11][51]. - The author calls for the removal of administrative records from public access and the establishment of a system to seal such records, particularly for minor offenses [64][76]. Group 3: Public Awareness and Legal Reforms - The article notes a growing public awareness and advocacy for reforming laws related to administrative violations, as evidenced by the significant public feedback during the revision of the Public Security Administration Punishment Law [81][83]. - The recent legal amendments indicate a shift towards protecting the rights of individuals with administrative violations, including provisions for sealing records [76][78]. - The author emphasizes the importance of continued public engagement and advocacy to ensure that legal reforms are implemented effectively and that the dignity of all individuals, including those with violations, is upheld [84][86].
封存轻微犯罪记录 打破制度性歧视
Jing Ji Guan Cha Bao· 2025-07-19 06:57
Core Viewpoint - The establishment of a sealing system for minor criminal records is a key reform goal aimed at enhancing human rights judicial protection in China, as outlined in the recent document by the Central Committee [1][2]. Group 1: Legal Framework - The newly revised Public Security Administration Punishment Law formally establishes the sealing system for unlawful records, ensuring that such records are not disclosed to any individual or organization, except for specific state agencies for case handling [1]. - The connection between administrative violations and minor criminal offenses is highlighted, with the Public Security Administration Punishment Law often referred to as "small criminal law," indicating a close relationship between the two legal frameworks [2]. Group 2: Social Implications - The sealing system for minor criminal records is essential to prevent lifelong societal stigma for individuals with minor offenses, which can lead to significant social and economic disadvantages for them and their families [3][4]. - The implementation of this sealing system is expected to promote a more rational public perception of minor crimes, reducing systemic discrimination and fostering a more inclusive and harmonious society [4].