On The Elimination System Of Criminal Record And Its Construction

Criminal record refers to a state of having been previously convicted. Theexistence of criminal record makes a right limitation from all aspects for the criminals.Affixed to the offender a label of crime brought a lot of adverse effects for thecriminal’s life. More important, the existence of a criminal record is the biggestobstacle to the return to society for criminals. Of course，abolishing criminal record isnot very unrealistic from the current social situation in China. From the legislativeprovisions internationally，there is legal system of criminal record elimination in manycountries. Therefore, our country should establish the system of elimination of criminalrecord. This article investigates the history, the concept, the effects and theoreticalbasis of criminal record from basic problems. Then I investigate the concept, the nature,and the foundation of criminal record elimination. And also I introduce China’s currentlaw on the elimination of criminal record as well as the exploring in practice. Analyzethe institutional reasons of China’s lack of elimination of criminal record and theconflicts encountered of establishing criminal record elimination in China. On thisbasis, this article investigates the construction of elimination of criminal record systemin our country. This article will start with the origin of criminal record. Applyingphilosophical, comparative and historical research methods to explore the evolution,concept, character and theoretical foundation of criminal record. It will proceed toexpound the disposal dispute of criminal record.This article consists of three parts, which are preface、text and conclusion.In preface, I introduce the writing source, the present situation of research andresearch ideas.The text consists of four chapters:Chapter One: The origin of criminal record. First, explore the historical origin ofcriminal record both domestically and internationally. Secondly, explore the concept ofcriminal record, introduce the dispute of concept of criminal record among domestic and foreign criminal law theorists, study and expound from criminal record. Thisarticle holds the opinion that criminal record means declaration of guilty or conviction.Thirdly, explore the foundation of criminal record and expound my opinion. Criminalclassical School and criminal anthropological school have put forward their own views.The former school believes that the theoretical basis of criminal record is the harm ofbehavior to society. The latter thinks the theoretical basis of the criminal record isdangerousness of criminals. This article holds the opinion that the theoretical basis ofthe criminal record is the dangerousness of criminals on the foundation of the harm ofbehavior to society. Fourthly, explore the effect of criminal record and analyze theharmful influence. This article analyzes the effect of criminal record on the criminallaw, the effects on civil, administrative, and economic field, and psychological effectsof criminal record and implicate effects of criminal record. The last is a dispute of existand elimination of criminal record. Although I advocate the retention of criminalrecord, but I oppose retaining criminal record permanently. Criminal recordelimination system is reconcile of the theory of criminal record elimination and thetheory of criminal record retention. Criminal record no longer exist when certainconditions are met, which will lead to the end of effects of criminal record. What is leftto the offender is the hope of re-return to society. So we can achieve the goal of crimeprevention.Chapter Two: Basic theory of elimination of criminal record. Firstly, expound thedefinition of elimination theory of criminal record, clarify my position by introducingthe opinions of researchers both domestically and internationally. This article holds theopinion that the elimination of criminal record is the system of restoring normal legalstatus with statutory conditions through legal procedures. In the meantime, I introducethe relationship among elimination of criminal record and other definition and clarifythe relationship of the elimination of criminal record with the complex right system,prisoners’ protection system, vindication, and pardon system. Secondly, expound thecharacter of elimination theory of criminal record. Clarify my standpoint byintroducing and evaluating the three opinions in the academia. This article holds theopinion that elimination of criminal record is elimination of criminal responsibility.Thirdly, expound the effect of elimination of criminal record, which is the eliminationof criminal record, The restoration of the legitimate rights, the exemption of reportingobligations of criminal record and shall not be referenced in future litigation. In the last, introduce the meaning of elimination of criminal record through philosophy,jurisprudence, science of criminal law and criminology. From a philosophical point ofview, humanity is variable. We can’t close the door to do good deeds for criminals.From the perspective of jurisprudence, elimination of criminal record is conducive toreflect the value of equality. From the perspective of criminal laws, the author holdsthe opinion that the criminals must not be deprived of the rights of rehabilitative. Onlytemper justice with mercy can achieve the goal of crime prevention.Chapter Three: The introduction and evaluation of current situation of eliminationof criminal record in China. Firstly, examine the causation of reservation of criminalrecord in China. It is not a wise choice to abolish elimination of criminal record in thebad social situation. Secondly, expound the deficiency of elimination of criminalrecord in the law. There are only several provisions in criminal law, criminalprocedural law etc. In the last, overview the practice of criminal record in judicialcircle. The practice of elimination of criminal record all over the countries is carriedout. It is benefit for the criminals to return to society seamless. It is also benefit toreduce recidivism and maintain social stability. In the meantime, we can not neglectthe problems encountered in the practice. For example, limitation of geographicalrestrictions affects the vitality of elimination of criminal record. Applicable conditionsare too harsh. This leads to a large number of ex-convicts who are still with regressionobstacles. The type of criminal record elimination is single, resulting in a waste ofjudicial resources. Division of functions is unknown leading to audit procedures notopen enough. The effect of prior conviction elimination is not thorough enough,resulting in the public were not enthusiastic about it.Chapter Four: The construction of elimination of criminal record in China. Firstly,elaborate the meaning of constructing of elimination of criminal record in China. It isbenefit for the development of the human rights and the building of a harmonioussociety. It reflects the people-oriented concept of governance and promotes thedevelopment of criminal law. Secondly, elaborate the restriction of constructing ofelimination of criminal record, including value conflict, conflicts of norms andinstitutional conflict. Thirdly, expound the idea of constructing of elimination ofcriminal record from legislation construction of elimination of criminal record,administrative supporting of elimination of criminal record, judicial guarantees ofelimination of criminal record and social support of elimination of criminal record. In the last, analyze the designation of constructing of elimination of criminal record,including the range, the condition, the type, the effect and the procedure of eliminationof criminal record.In the conclusion, we summarize the full text and prospects for elimination ofcriminal record system.