【摘要】 随着刑法积极参与社会治理，轻罪犯罪圈的扩张、轻罪人数的持续增加已成现实。然而，因为我国的前科制度，大量轻罪案件存在“轻罪不轻”现象，这不仅违反了罪刑法定、罪责自负的基本要求，也有违刑罚的正当性，故有建立前科消灭的必要。前科消灭的立法模式，可以采取“两步走”的刑法典方案：先以轻罪主体为先导，再覆盖其他重罪主体。前科消灭的基本条件，可以罪质、悔改、时间、程序要件为重点设计。前科消灭后，对犯罪人的“规范性评价”不复存在，并恢复刑事与非刑事领域受损的法定权利。为确保前科消灭的效力统一、有效运行，还需统筹刑法上的前科报告、累犯制度，并清理刑法外不合理的前科规定。更多还原

【Abstract】 With the active participation of criminal law in the governance of society, the expansion of the circle of misdemeanors and the continuous increase in the number of misdemeanors have become a reality. However, there are some cases in which “misdemeanors are severe”. This violates not only the requirements of the law of crime and punishment and self-accountability, but also the legitimacy of punishment. Thus, it is necessary to construct the elimination of ex-conviction system. The legislative model for the elimination of ex-conviction could be based on a “two-step” approach to the Criminal Code: the subject of the misdemeanor should be the first to be covered, and then the subject of the other felonies should be covered. The basic conditions for the expungement of ex-conviction should be designed to focus on the quality of the realm, repentance, time, and procedural elements. After the expungement of ex-conviction, the “normative evaluation” based on the criminal record no longer exists, and the offender’s impaired legal rights in both the criminal and non-criminal spheres are restored. To ensure that the elimination of ex-conviction is effective and efficient, it is also necessary to harmonize the reporting of ex-conviction and recidivism in criminal law and to clean up unjustified ex-conviction provisions outside criminal law.更多还原