The System Of The Record Of Juvenile Criminal Records Under The Background Of New Criminal Procedure - Legislation, Problems And Perfection

Our legislation provides criminal records archive system is mainly reflected inthe new Code of Criminal Procedure, Supreme Procuratorate rules supreme lawinterpretation, Ministry of Public Security and other laws and judicial interpretationsclass files, mainly from the applicable object elements of the offense, theimplementation of the body, the force of law, exceptions and other aspects of thespecification, applicable objects, must be eighteen years of age when the crime wasminor, which means that our current system of criminal records archive belonging tominors only " patent system." Elements of the offense, it must be sentenced to fiveyears in prison or less, involving surveillance, detention, imprisonment and torture ofthese three species. On the implementation of the subject, the draft amendment to theCriminal procedure will be implemented in the new body described as " the judiciaryand the authorities ’ implementation of the new Criminal procedure removed theaforementioned subjects, simply stated as " should seal up the relevant criminalrecord." Legal effect, a " criminal record is sealed, and no unit or individual shallnot provide." On exceptions, the " judiciary is the exception handling needs orinquiries about the unit in accordance with national regulations. Query law unit shallmaintain confidentiality of the case was archived criminal records."By comparison, the new Criminal Procedure Law itself provides limitedlegislators to explain the nature of certain documents by the judicial system wasperfect for this. Supreme Procuratorate rules on criminal records archive systemimprovement include: specifies the start time point archiving program, additionalwork rules, strengthening the obligation of confidentiality, an additional application-approval process, additional re-opened the subject. Interpretation of the supreme lawof criminal records sound archive system include: a clear relationship between thejudicial system and public archives spirit, complements sealed grounds, specificallythe retroactive effect of the new system, the addition of application-approvalrequirements. MPS provides for criminal records sound archive system include clearbasis to start archiving program execution, additional understanding of the subject ofclosure. China has not yet adopted the system to destroy criminal records, but onlyadopted a criminal record sealed system, which is based on careful consideration ofslightly under special circumstances, but the archive can also be seen as a "relative destroy", as long as no new crime perpetrator, repent, the basic realization of the "criminal record destroy" a similar effect.Our system of criminal records sealed surviving some problems. First, theprinciple of open trial "no reason" shock. Second, defective storage reasons. Again,check-technical issues approved work." Relevant authorities " in this formulation istoo general. Only allow " the unit " queries, do not allow "relevant individuals"queries, discriminatory evident, reflecting the "unit of superiority." From the "judiciary ", the words " the state’s" point of view, reflects the " public powersuperiority." Word "relevant" how to define? Finally, there is a " duty ofconfidentiality " issue.Sound archive of criminal records system should pay attention to the followingpoints. First, note that the provisions of the new Criminal Procedure Law and three orcompare and integrate interpretation. Secondly, the archive system and tried torationalize public relations. Again, building mechanisms to strengthen the inquirypowers to rationalize the public ’s right to know and the privacy of minorsrelationships. Third, strengthen the responsibility of constraints, archiving andcoordinate the relationship between criminal record Elimination System. Finally, toimprove the applicable conditions to achieve docking with other existing norms.