On A Minor Misdemeanor Records Abolishme-NT

Central Political and Law Commission put forward the "establishment of a minor misdemeanor conditionally destroy criminal records system," the modernization of China's legal system is a major initiative, but also improve the juvenile criminal justice reform, an important part of the system. Minor misdemeanor record as a crime record, was able to demonstrate their personality defects; if recidivism is that the person bad. habits die hard, vicious deeper subjective and should be legal, social, tougher sanctions. However, our current reports and criminal record criminal records taken there is a big reservation system is unreasonable. It ignores the special nature of juvenile delinquency, and the protection of minors is contrary to, inconsistent with the relevant laws and regulations. Mostly first-time offenders of juvenile delinquency, its subjective vicious, physical harm is not universal. Through social, family of helpers, they may well wash away the stain, a new leaf. The retention of a minor criminal record, which greatly hindered their self-transformation, a new life in the process, and the abolition of a minor criminal record reporting system is feasible. But the need for the constituent elements of the system, procedures and effectiveness, etc. to be provided. Elimination of minor misdemeanor records system is based on the actual conditions in China can be when the statutory conditions are met, a ruling by the court canceled a misdemeanor records are not an adult system. Through five chapters in the text to start discussion:The first chapter describes the evolution of the criminal record system, and illustrates the record of a minor misdemeanor criminal record system and the elimination of the link between the system and the system in our country specific meaning; The second chapter is to build a record of a minor misdemeanor elimination system is based on three main aspects:First, the theoretical basis, two, realistic basis, the three, the legal basis; be clear in our record of building a minor misdemeanor elimination the rationality and necessity of the system The third chapter is to build a record of a minor misdemeanor destroy the entity elements, mainly include three elements:general elements-"the scope of offenses," and specifically how to define "minor" in scope; formal requirements-"test period", the initial Construction of a "moderate", "flexible" test period; substantial elements-"subjective repentance", stressed the need to focus on the concept of juvenile offenders within the true repentance.The fourth chapter is a minor misdemeanor records of the proceedings eradication; include:application, examination and prosecution, jurisdiction and ruled that service. Fully into account the special nature of the principal and minor cases of harm to society, throughout the proceedings reflects the "simple", "speedy" purposes.The fifth chapter is a minor misdemeanor records of the legal effect of eradication, including: First, the criminal record to eliminate that, second, evaluation of changes in the law, said the three, criminal record exemption that reporting obligations; The principle I proposed a compromise in learn at different theory on the basis of reasonable, interpretation of the elimination of a minor misdemeanor records, its legal effect of specific meaning. The sixth chapter is a minor misdemeanor record of supporting the establishment and improvement of the system, mainly related to four aspects:First, set up a special study of educational institutions for juvenile offenders, two, juvenile delinquency system of specialized management files, three, make relevant follow-up, four, and improve reintegration of juvenile offenders contribute to the protection mechanism. As an important component of the system, designed to help young people in their misdemeanor records of elimination, the better adapt to society, my life; make a minor misdemeanor records of elimination system more operational and appropriate to advance.