The Review And Applying On Elimination Of Criminal Record

Elimination of Criminal Record based on the concept of restorative justice, and its ultimate value is to make criminals better go back to the society. Through Article 100 of the Criminal Law which is about the obligations of reporting their criminal records, we can see that there is"criminal records"in the judicial practice. Criminal record is a fact that people committed a crime in the past. The court deprived them of certain rights and qualifications on the bases of the facts. All of these play the role of prevention of the recurrence of crime. However, the criminal record is a bad record. The criminals not only lose the qualification of an industry forever, but also suffer stress and discrimination from their study, work and life, slowing the process of social reintegration.Making a comprehensive view of the laws of other countries in the world, many countries prescribe the system of Elimination of Criminal Record in the form of a single law or clauses in the Criminal Law. However, there is no laws and judicial interpretation about this system, even no uniform definition in the judicial practice in our country. Therefore, this paper contains the design of our system of Elimination of Criminal Record which based on the premise of analysis of the legitimacy of Elimination of Criminal Record and the study of foreign legislation and our judicial practice.This paper is divided into four chapters except the introduction and conclusion: The first chapter is the analysis of establishment of Elimination of Criminal Record. It is mainly stated from the beginning of review of regulation of "criminal record" in our existing laws, and then in the point of the call of penalty humanitarianism and the reality of discrimination against the criminals.The second chapter is a basic overview of Elimination of Criminal Record. It contains the concept of criminal record and elimination of criminal record, the origin of criminal records, and the distinctions and explanations between elimination of criminal record and criminal record.The third chapter is the legitimacy of Elimination of Criminal Record in criminal law, mainly from the point of the principles of Guilt Suiting, criminal policy of combining punishment with leniency and the criticism of the penalty of"mo'xing".The fourth chapter is the design of our system of Elimination of Criminal Record. It contains the scope, applicable conditions, and the effectiveness of this system. Generally speaking, the criminal record can be eliminated when the criminals make a good performance for 5 years, from the date of completion of penalty (including the principal punishments and supplementary punishments).And this period shall not be stopped and interrupted. Good performance means that the offender has the performance of repentance and there is no re-offending. The period of 5years is consistent with the system of recidivism in our Criminal Law. The criminal records eliminate when the criminals meet all the conditions.However, this can not be applied to the crime of endangering national security, terrorism, Mafia of Organized Crime and drug-related crime. They should hand in their applications to the courts who have the power to determine whether the withdrawal. This is another way to eliminate criminal records. In addition, to the people who had criminal records in the civil law and administrative law, which brought on prohibition to some industries, another way——rehabilitation system, can be used to eliminate their criminal records. They should hand in their applications to the courts who have the power to determine if allowed to return to their relevant industry qualifications.