A Study On The Elimination System Of Juvenile Delinquency In China

Although in some extent the criminal record in China’s criminal law system hasits existing positive, it also can produce some negative effects to the recordowners,for example, when they were engaged in relevant industry, depriving of theirqualifications or right has greatly affected their re-socialization. Especially for minoroffenders, the disadvantages of this record are more prominent. Therefore, in order toprotect the infants’ legal rights more effectively, we should put forward a new conceptof the minor misdemeanor record to eliminate system according to foreign ripeexperience and the domestic situation in China, this will be the important step towardsdestroying system in China. At present, this system has become an important contentof judicial reform, and its importance is the urgency of demand and reality, whichmakes it become theoretical study and social public discussion of the hot topic.However, the judicial practice to eliminate system still involves a lot of disagreedpoints, which makes the practice hard to carry out. In addition, although theamendment of criminal law (8) said the "regulation" exempt from record reportingobligations, it is not able to eliminate the record for young offender’s adverse effectsfundamentally. And these adverse effects are likely to lead to minor criminalpunishment back after the completion of the execution of the failure of the society.Therefore, in our country determining minors misdemeanor record has its necessarity,accords with international legislation trend and the infant criminal policy of the spirit,and reflects the law of justice value.This paper is divided into four parts, the first part is about eliminating thedefinition of the misdemeanor system, induced to solve this problem at home andabroad and the research present situation, and proposed personal.The second part isto construct the system in our country basic analysis, provide on theory and practicesupport and basis; The third part is from current judicial practice pilot the mainquestions existing in the work and the deficiency of analysis; The fourth partsummarize experience and combine with foreign countries in part of the success of the pilot work, on the basis of constructing the system in our country puts forwardsome ideas.