The severity of criminal responsibility is not only reflected in the restriction and deprivation of freedom, property and even life of criminals by punishment, but also in the effect of criminal records attached to punishment. After the execution of punishment or pardon, criminal record will have many legal consequences for criminals and have a lasting adverse impact on the daily life of citizens with criminal record after returning to society. I. Effectiveness of Compulsory Information Disclosure of Criminal Records Article 100 of the Criminal Law establishes a criminal record reporting system, which makes criminal records have the effectiveness of compulsory information disclosure. 1. For this provision, most scholars hold a critical position and advocate canceling the criminal record reporting system on the basis of improving the criminal record inquiry system. 2. A few scholars and most judicial practitioners affirmed the value of the criminal record reporting system, believing that it is the basic system of comprehensive management of social security and should be further improved under the guidance of the criminal policy of combining leniency with severity. 3. Article 100 of the Criminal Law was added when the National People's Congress revised the Criminal Law. the National People's Congress Standing Committee (NPCSC) made some amendments, which has universal guiding significance and should not be easily denied its inherent institutional value. However, in reality, the alienation of criminal record reporting system should attract enough attention and reflection. 4. Based on the public law nature of criminal law, the criminal record reporting system not only forces citizens with criminal records to disclose criminal information, but also limits the scope that the state requires citizens with criminal records to disclose criminal information. Second, the qualification restriction effect of criminal record The qualification restriction effect of criminal record is an important embodiment of the severity of criminal responsibility, and it is also the biggest factor affecting the life of citizens with criminal record after returning to society. The current non-criminal laws have many restrictions on the qualifications of criminal record, and these legal norms can be classified according to different qualifications. The first is the qualification restrictions for specific occupations. This is the main aspect of the qualification restriction of criminal record. According to the stage characteristics of China's career development, the current law restricts the criminal records of most occupations with post qualification standards. First, the restrictions on the occupation of civil servants stipulate that those who have been criminally punished for crimes shall not be employed as civil servants. Second, there are restrictions on working in public institutions. If you have been criminally punished for intentional crimes or dereliction of duty, you may not be a notary; Because of criminal punishment, he shall not be a certified public accountant or a medical practitioner within a certain period of time; Those who are deprived of political rights or have received criminal punishment of fixed-term imprisonment or above for intentional crimes cannot serve as teachers. The third is to restrict the qualification to engage in specific occupations in enterprises, such as being sentenced to punishment for specific economic crimes, or being deprived of political rights for crimes, and not being allowed to serve as a director, supervisor or senior manager of the company within five years after the expiration of the execution period; Having received criminal punishment for intentional crime, he cannot be the bankruptcy administrator; Can not obtain the qualification of securities and futures investment consulting and the legal responsibility of insurance companies. The fourth is the restrictions on the qualifications for engaging in specific industries. The current law mainly restricts the qualifications of former citizens to engage in specific industries from the perspective of industry access. First, restrictions on obtaining specific professional qualifications, such as criminals who have committed accounting duties cannot obtain accounting qualification certificates; Those who have received criminal punishment for intentional crimes are not allowed to take the national judicial examination, the qualification examination for customs declarers, the qualification examination for patent agents, the qualification examination for radio and television editors and reporters, the qualification examination for announcers and presenters, and the qualification examination for grassroots legal service workers, and cannot obtain a tour guide certificate; Persons who have received criminal punishment shall not participate in the qualification training and examination of traffic and transportation administrative law enforcement personnel, and shall not issue press cards. The second is to explicitly prohibit former citizens from engaging in specific industries. For example, a person who has been criminally punished for a crime may not engage in the legal profession; Whoever commits a specific crime or is deprived of political rights because of the crime shall not engage in the entertainment industry; Those who have received criminal punishment for intentional crimes or crimes due to negligence of duty shall not engage in judicial expertise; A person who is sentenced to punishment for committing a specific crime or deprived of political rights for committing a crime may not serve as a director or senior manager of a commercial bank and be restricted from engaging in the financial industry; Personnel of food inspection institutions subject to criminal punishment shall not engage in food inspection within ten years from the date of completion of the punishment; Those who have received criminal punishment for the crime of disturbing the administrative order of the country (border) shall not engage in intermediary activities for private entry and exit. The third is to restrict units with criminal records from carrying out specific business. For example, those who have received criminal punishment within two years will affect the identification of the qualification grade of enterprises that implement foreign aid materials projects; Enterprises subject to criminal punishment within three years cannot obtain a general license for the export of dual-use items and technologies; Futures companies that have been criminally punished for illegal business operations within two years cannot apply for the qualification of financial futures brokerage business; Enterprises subject to criminal punishment within three years lose the qualification to apply for the export of ephedrine precursor chemicals. Third, restrictions on other rights and qualifications of citizens with criminal records. First, restrict the labor and social security rights of citizens with criminal records. Labor contract is an effective means to protect the legitimate rights and interests of workers, and criminal record becomes one of the conditions for the employer to exercise the right to terminate. The employing unit may terminate the labor contract for a worker who has been investigated for criminal responsibility according to law; The restriction of social security right mainly involves the retirement treatment of civil servants. According to Document No.27 [200 1], if a retired civil servant violates the criminal law during or after his retirement and is sentenced to fixed-term imprisonment or more, his retirement fee and other retirement benefits will be cancelled from the month following the date of sentencing. The second is the restriction on the qualification to perform specific obligations, that is, the restriction on military service obligations. According to the Military Service Law of People's Republic of China (PRC), a person deprived of political rights according to law may not perform military service. The third is the restriction on obtaining the right of honor and honorary title. According to the regulations of the supreme judicial organ, honorary certificates and medals are generally not issued to those who have received criminal punishment. The fourth is the impact on the specific duties of citizens with criminal records, that is, if the perpetrator was originally a member of the villagers' Committee, his duties would automatically terminate after being sentenced to punishment. The fifth is the impact on the identity documents of citizens with criminal records, that is, if the perpetrator is punished for obstructing the management of the country (border), he will not issue a passport within three years after the punishment is completed. Thirdly, the effect of relatives' criminal record is the basic principle of criminal law, but the effect of criminal record system is not limited to citizens with criminal record, but also has a collective impact on their relatives. Relatives of citizens with criminal records will encounter the adverse effects brought by the chain effect of criminal records in many aspects, and relevant news reports are constantly seen in newspapers, which has aroused great concern and strong comments from the public. The chain effect of criminal record widely exists in enrollment, employment, conscription, enrollment in public security and judicial colleges and so on. In terms of enrollment, it is mainly the political examination conditions in the enrollment of special colleges. According to the regulations, my immediate blood relatives, collateral blood relatives and other immediate family members were sentenced, but if I can't treat them correctly, I can't pass the political examination. In terms of professional access, the Measures for the Employment of People's Police in Public Security Organs stipulates that lineal and collateral blood relatives who have a great influence on themselves are not allowed to apply for the People's Police if they are sentenced to death or are serving sentences, or engage in activities to subvert China's political power at home and abroad. In the professional admission of pilots, sailors and other special industries in the non-public sector, the criminal record of my immediate family members is taken as the reason for failing the political examination. During military service, major family members, immediate family members, major social relations members or other relatives who have a great influence on themselves have been subjected to criminal punishment, and may not be recruited into the army. 4. Typical case: the chain effect of criminal record has entered the public's field of vision because of the political trial events in recent years. In 2008, Zhejiang college student Lan Zefeng was disqualified from the civil service examination because his uncle had a criminal record. In 2009, Hu Jiajia, a Hebei examinee, was unable to apply for the Central Judicial Police School because his parents had criminal records. Some public schools in Ningbo, Zhejiang require parents to provide "proof of no criminal record" and other materials before students can enter school; And a high school girl in Longyao County, Hebei Province, because her father petitioned, affected her daughter to report to the judicial school. For this series of political trial events, People's Daily reported that "a father hero's pedigree argument, a person with the whole family's collective thinking of crime". Most netizens think that these cases are irrational and discriminatory, which is in sharp contrast with the conclusion that nearly 80% of the public supports the criminal record system through empirical investigation.