摘要： 犯罪记录封存的正当性在于,相关犯罪记录已经随着时间的流逝失去了与在现时社会中构建行为规范并维系社会存续的意义关联,不应再被法律所关注。据此,应当建立二阶段的犯罪记录封存模式,第一阶段的封存旨在恢复犯罪人因犯罪而丧失的资格和权利,第二阶段的封存则彻底排除犯罪记录对犯罪人的不利影响。无论哪一阶段的封存,只要立法者推定的犯罪记录法律意义消失的时间届满,就应当封存犯罪记录。至于犯罪人的人身危险性,只是影响立法者对犯罪记录法律意义衰减速率推定的因素,仅能导致封存时效的中断和缩减。对严重危害国家安全和公共安全的犯罪不应适用犯罪记录封存。对未成年人和成年人犯罪应规定相同的封存时效期间。

关键词: 犯罪记录封存, 前科消灭, 复权, 沟通式刑事制裁观, 法律意义的消逝

Abstract: The sealing of criminal records system is justified by the fact that the criminal records have lost their relevance to the construction of norms of conduct in current society and the maintenance of society with the passage of time, and should no longer be concerned by the law.Accordingly, a two-stage model of criminal record sealing system should be established: the first stage criminal record sealing aims to rehabilitate the qualifications and rights of offender, and the second stage of it will completely remove the negative impact of the criminal record on the offender.Regardless of the stage of criminal record sealing, criminal records should be sealed as soon as the time limitation presumed by the legislator, after which the legal significance of the criminal record will disappear, has expired.Whether the offender has shown personal dangerousness is only one of the factors affecting the legislator's presumption of the rate of erosion of the legal significance of the criminal record, and can only lead to the interruption and reduction of the statute of limitations for the sealing of the criminal record.The record of crimes that seriously jeopardize national security and public safety should not be sealed.The same statute of sealing limitations period should be provided for crimes committed by both minors and eduts.

Key words: Sealing Criminal Records, Elimination of Previous Convictions, Rehabilitation, Communicative View of Criminal Sanctions, Erosion of Legal Significance