关键词: 轻罪犯罪, 犯罪附随后果, 预防犯罪, 罪刑均衡, 再社会化

Abstract: With the transformation of the concept of misdemeanor governance and the adjustment of criminal policies for misdemeanors,the criminalization of misdemeanors has become a development trend in Chinas criminal law legislation.While judicial authorities are adjusting the application of misdemeanors,the application of the collateral consequences of misdemeanors has not been adjusted accordingly,but instead presented an increasingly complex and scattered tendency.The application of the collateral consequences of misdemeanors has achieved positive results in preventing crime and maintaining social stability,but it has also caused excessive restrictions on the normal activities of offenders and their close relatives,which exceeds the necessary limits for punishing the crime,resulting in a negative outcome where“misdemeanors are not light”.Thus,in order to implement the principle of substantial balance between crime and punishment,it is necessary to strengthen the logical relationship between collateral consequences and criminal behaviors,and delete or modify the clauses that do not comply with the principle of proportionality.It is necessary to broaden the scope of application of the criminal record elimination system and post event relief procedures to prevent them from gradually becoming mere punishment measures for released prisoners,in order to maximize the reintegration of misdemeanor offenders into society.

Key words: misdemeanor crimes, collateral consequences of crime, crime prevention, balance of crime and punishment, re-socialization