Research on the application of criminal consequences in the governance of minor offenses
轻罪治理下犯罪附随后果的适用问题研究

摘要

随着我国刑法体系的不断完善，轻罪治理逐渐成为刑事法治领域的研究热点。犯罪附随后果制度作为轻罪治理的重要组成部分，其合法性和合理性问题日益受到关注。近年来，学界围绕犯罪附随后果的概念、性质、制度问题及其优化路径展开了广泛讨论。以轻罪治理为背景，聚焦犯罪附随后果，通过分析犯罪附随后果概念、性质等，指出当前存在的适用标准笼统宽泛，数量多，适用后果极其严厉，适用程序不正当问题，并提出相应的完善层次性与顺序性相结合的犯罪附随后果模式、构建配套的犯罪附随后果消解制度、确立切实有效的救济机制等建议，旨在为优化我国犯罪附随后果制度的适用提供理论支持和实践参考。

Abstract

With the continuous improvement of my country's criminal law system, the governance of minor offenses has gradually become a research hotspot in the field of criminal law. As an important component of the governance of minor offenses, the legality and rationality of the criminal consequence system have attracted increasing attention. In recent years, academic circles have engaged in extensive discussion on the concept, nature, institutional issues, and optimization paths of criminal consequence. Focusing on criminal consequence in the context of minor offense governance, this paper analyzes the concept and nature of criminal consequence and points out the current problems of overly broad and general application standards, excessive number of criminal consequences, extremely harsh application consequences, and improper application procedures. Recommendations are proposed, including improving the criminal consequence model that combines hierarchical and sequential principles, building a supporting criminal consequence mitigation system, and establishing a practical and effective relief mechanism. The aim is to provide theoretical support and practical reference for optimizing the application of my country's criminal consequence system.