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《刑法》第一百条规定的自我报告制度存在立法和实践上的问题。从刑事立法的角度看,《刑法》第一百条的规定,法律规范结构不全,缺少法律后果要素,导致法条效力虚置。从预防犯罪的角度看,《刑法》第一百条的规定脱离实际,不利于曾经犯罪人回归社会,易于起到导致曾经犯罪人重新犯罪的作用。呼吁今后的立法修订该条款,并杜绝此类问题的再次发生。
The self-reporting system stipulated in Article 100 of the Criminal Law has legislative and practical problems. From the perspective of criminal legislation, the provisions of Article 100 of the Criminal Law, the incomplete structure of legal norms and the lack of elements of legal consequence have resulted in the invalid validity of the law. From the crime prevention point of view, the provisions of Article 100 of the Criminal Law are not practical, which is not conducive to the once perpetrated crimes committed by the perpetrators, and is apt to play the role of causing the perpetrators to re-commit crimes. Calls for future legislation to amend the article and put an end to such problems.