| Collateral consequences of criminal convictions refer to the deprivation, prohibition or restriction of specific rights and qualifications applicable to people with criminal records and their family members or relatives in accordance with the provisions of laws, administrative regulations, government rules and bylaws outside the criminal law. The main differences between collateral consequences and criminal punishments lie in their sources of regulation, application conditions and procedural requirements. Collateral consequences have a serious impact on the normal work, study and life of the offender, and their severity is sometimes no less than the criminal punishment. The manifestations of the collateral consequences in China are complex and diverse, and their negative role is becoming more and more prominent with the arrival of the minor crime age. In the standardization of the system of collateral consequences, China should implement the modern concept of rights, conform to the requirements of the Constitution and the principle of proportionality, take the risk aversion theory as guidance, and adopt a systematic and comprehensive method. In the standardization of system of collateral consequences, which should be based on the specific application conditions of collateral consequences, China should establish the systems of automatic invalidation of lower-level laws that contravene upper-level laws, restore and protect the criminals’ rights systematically, establish the reasonable relief mechanism, implement the principle of judicial priority, and build a national database of collateral consequences of criminal convictions. |
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