On The Constriction Of The SERPC In China

The aim of crime record is to anticrime and protect the society by limiting or depriving of the criminal's certain qualification and right to some extent after the punishment. The system of the record of previous crime (hereinafter referred to as SRPC) has certain positive role, yet it will bring a series of composing legally social negative influence to the ex-convicts in reply, requiring that eliminating crime record to restrict this effect. Therefore, we need adopt the system of elimination of the record of previous crime (hereinafter referred to as SERPC) to limit the influence. By eliminating crime record through legal procedures by legal institution, the pedigree-man is given more chances to back the society. Therefore, some countries have established SERPC to reduce such negative effect.While there is no explicit and complete SRPC stated in China's criminal law, there is frequent statement of obligation and prohibition for ex-convict to observe in laws, judicial interpretation and administrative laws and regulations. Article 100 of the Criminal Law is a typical example of the SRPC with Chinese characteristics. The negative effect of SRPC can be widely seen in the social life in China, which makes it difficult for ex-convict to return to normal social life. Therefore it is important not only to study the theories of SRPC and SERPC, but also learn the system from foreign countries so that we can establish a proper system of our own. This should be an urgent task required by social reality as well as theory.The paper has 5 chapters: Chapter One--the general theory of SRPC and SERPC. In this chapter I make a comparative study of the concept of the record of previous crime as stated in the laws of foreign countries and China. On the basis of the theory of social defense and of the individualization of punishment, I analyze reasonableness of SRPC. But, its negative effect is so obvious and harmful that we should construct SERPC to limit and balance. Chapter Two--the foundation for establishing SFRPC. I explore the basis for establishing a SERPC from the standpoint of legal philosophy, criminology, the theory of crime and punishment, and sociology. Chapter Three-- the basic contents of SERPC in foreign countries. I study the regulations concerning SERPC in foreign countries and analyze the basic and core contents of SERPC. Chapter Four-- The establishment of SERPC in China. I explain the importance of SERPC in crime prevention. When I have analyzed the need for establishing SERPC in China, I also study how the traditional Chinese people's attitude toward punishment can hinder the introduction of the SERPC. I put forward a blueprint for establishing SERPC in China including regulations concerning SERPC and the use of relevant measures for ensuring that the result will be satisfactory.