On The Abolition Of Juvenile Crime Records In China

The former refers to the record of criminal law court sentenced the punishment or someone who has been convicted of facts.Record of reservation is set to prevent crime, the country to realize the goal of social needs. Defense record the existence of system of state and society in a certain historical condition has certain positive role, but its long-term existence of ex-convict caused a series of negative adverse effects, in the long run more detrimental to prevent crime and social harmony and stability. Therefore, we need to establish record eliminate system to balance its long-standing limit, the negative effect. For minors to its life, record and return to the negative influence on society more and more serious, which greatly hindered their self-improvement. To process, the main factors fully consider the minors, the characteristics of juvenile delinquency in certain range form, make its criminal record by judicial organs through legal procedures and rules to destroy, and maximize the criminal record for its various unfavorable for its negative impact on the smooth return society, providing legal and institutional guarantee. Therefore, in the record destroy has become the world minors under the background of criminal legislation trend, protect minors from this special group of need, or achieve penalty goal Angle consideration, established in China were minors record eliminate system appears particularly urgent and important.Establish record eliminate system is a complicated system engineering. From its establishment to really play a role, is still a long way to go, still need a series and the matching system as the guarantee. If the system to establish record to eliminate the appeal and the research direction of the theory on the discussion, but not in the study of how to construct China, so it will be a very limited significance. In view of this, the author intends to record and eliminate system related concepts form, from the establishment of minors with criminal record eliminate system characteristics of juvenile delinquency, education and growth of minors, To perfect our country legal system to minors, For minors to return society, promote social harmony and stability, To reflect the criminal policy of tempering justice with mercy in four aspects: analyzed the nonage crime record. On the basis of analysis on the necessity, the criminal policy in China, the legal basis of successful practice at home and abroad and legislative experience a minor aspects of the feasibility of the criminal record. Analysis and research on the domestic shandong, sichuan, guizhou, henan minors to eliminate criminal record elimination of judicial practice experience effects and the existing problems and puts forward elimination system established minors to record the proposed legislation system, from the applicable condition, the scope of operation methods, procedures, rules, regulations, etc. In order to promote our system of criminal law of further perfecting and minors to commit more favorable legal protection. Finally, the paper puts forward a juvenile justice system long-dated goal. Juvenile justice system in order to protect the lawful rights and interests of the minors, for the purpose of eliminating social instability, promote social harmony is of great significance. Our country has no unified young judicial system, the construction of legal system in young exploration, the operation mechanism of juvenile justice challenges facing the update, judicial justice and utilitarianism idea exists conflict, imperfect legislation, procedures and resource allocation system, lack of security is to prevent and reduce the crime of minors. Therefore, as soon as possible to establish and perfect the trial of cases for minors substantive law, perfect the young, the legal system of justice is an urgent task.