数字时代我国轻微犯罪记录封存制度的重构OACHSSCD

China's social governance structure is situated at the historical intersection of the"normalization of misdemeanor governance"and"digitalization of social life".This structural transformation of dual dimensions causes the current criminal record management system to face unprecedented institutional challenges.On the one hand,with the enhancement of the trend of active criminal legislation,the circle of crime presents a significant expansion trend,leading to a sharp expansion of the scale of minor offenders.The traditional single recording system modeled on felony control is difficult to adapt to new governance needs,triggering severe social exclusion effects.On the other hand,the eternal nature of digital technology memory and the permeability of commercial big data construct a ubiquitous digital surveillance system,where criminal record information achieves indefinite survival and generalized dissemination in cyberspace.Based on a panoramic analysis of the structural defects of the current system in terms of coverage,hierarchical management,and digital governance,it can be found that there are deep roots behind them such as lagging legislative concepts,structural lack of the legal system,and social cognitive bias.Based on the local context of China,this paper argues that we should build a hierarchical and classified sealing system for minor crime records.By promoting the legalization of micro-crimes,misdemeanors,and felonies to consolidate the institutional foundation,creating a non-recording system for micro-crimes to cut off the source of labels,moderately extending the sealing objects to adults to reflect the principle of individualization of punishment,and implementing the"right to be forgotten"in the digital space to achieve the collaborative governance of technology and law,this reconstruction seeks a new dynamic balance between"social defense"and"human rights protection"and provides rule of law increments for the modernization of national governance capabilities.