Research On Criminal Record

Criminal Record refers to a state of having been previously convicted and paid criminal penalty. Provisions of Criminal Record in China date back to Pre-Qin Period, and western countries also have a long history of Criminal Record. There is a special historical background and theoretical foundation in the existence of Criminal Record.Criminal Record leads to the results that offenders is limited on various rights and fall in the public estimation.Article 65 of the Criminal Law of the People's Republic of China stipulates that those whose acts constitute recidivism will be punished severely. Otherwise, one's criminal record disqualifies him or her from serving on many occupations.Las such as the Judges Law, the Public Procurators Law and the Police Law stipulate that those who have been paid the penalty for a crime are not allowed to retain the position. And there are stipulations like that in the Law of Teacher and the Commercial Bank Law, etc. Criminal record has great psychological impact on people, and the tag of criminal goes against their socialization. In modern China, the dispute of disposal of criminal record never stopped, and each side has been analyzing the advantages, disadvantages and disposal of criminal record from various angles.Till now, conditionally abolition of criminal record has become the consensus of most countries in the world. But the abolition of criminal record is still a blank in our country. So people previously convicted will be tagged of criminal forever, which implies"once a thief, always a thief". It's really a regret that the system deficiencies exist under the time background of people oriented and respecting human right. It's not good for the socialization of people previously convicted or social stability. A study on criminal record and the theory of disposal of criminal record is of profound theoretical and practical significance.With the relevant historical materials and documents which have been collected and edited, this article will start with the origin of criminal record. Applying philosophical, comparative and historical research methods to explore the evolution, concept, character and theoretical foundation of criminal record, it will proceed to expound the after effect and disposal dispute of criminal record.This article consists of five chapters, which are as follows:Chapter One: The origin of criminal record. Firstly, explore the historical origin of criminal record both domestically and internationally. Secondly, explore the concept of criminal record, introduce the the dispute of concept of criminal record among domestic and foreign criminal law theorists, study and expound from various angles and elicit the concept of criminal record. Then explore the character of criminal record, introducing and evaluate three viewpoints of theorists i.e. theory of criminal liability,theory of after effect of criminal penalty and theory of after effect of crime. At last explore the theoretical foundation of criminal record and expound my own view of point.Chapter Two:Theory of disposal of criminal record. Firstly expound theory of reservation of criminal record, from the angle of the dualistic theory of crime prevention, economical efficiency of criminal law and dualism of criminal law. Then expound the theory of disposal of criminal record, from the angles that it is a obstacle to socialization, it does not conform to purpose of punishment and it come into conflict with the principle of punishment once only,etc.Chapter Three: Theory of after effect of criminal record. Firstly explore the after effects of criminal record in criminal law, which are conviction effect, effect of measurement of penalty and penalty system effect.then explore the legal after effect of criminal record such as civil effect and administrative effect. Secondly explore non-statutory effect of criminal record, i.e. psychologic effect and social psychologic effect.Chapter Four: Abolishment theory of criminal record. Firstly, expound the concept and the general character of criminal record abolishment. Secondly expound the theoretical foundation of criminal record abolishment from various angles of philosophy, sociology and criminal law. then expound the origin of abolishment of criminal record.Lastly, expound the reason why the field of criminal record abolishment is blank in China from the angles of legal culture,traditional views of punishment etc.And expound the significance of the establishment of criminal record abolishment system from the law and social viewpoint.Chapter five: Theory of establishment of criminal record abolishment. Firstly expound the virtual condition of criminal record abolishment, then the procedure and lastly the legal consequence. Use the comparative method to analyze legislation in world countries and elicit integral legislative model in our country.