A Study On The Elimination System Of Juvenile Delinquency Records In G City

"Code of Criminal Procedure" modified, clearly defines the misdemeanor record sealed system for juvenile delinquent. After the system was designed with concern, as amended "Code of Criminal Procedure," the official implementation of the criminal law theorists and scholars both in practice or judicial authorities, a minor misdemeanor record sealed or eliminate one of the more hot topic all. The system as a "double-edged sword," people in the sense of probability that the system is of great practical and theoretical value, but also worry cause different problems with other national legislation already mature.As the capital city of G City, G Province, in recent years to step up the implementation of judicial practice, the system has made gratifying achievements, but there are many problems, such as: clerical forms of crime involving minors who sealed docket, the court prosecutors and police agencies and other departments to better implement the relevant provisions of the state law, the establishment of an independent instrument storage cabinet files, non-statutory program shall check by a third party entity or individual, but the essence when it comes to storage, you need to give the public security organs cooperation and technical support on more programs,and so on. Comprehensive research situation and documentation collected, G City during the implementation of the system exists mainly three problems: First, the system is not specific enough internal regulations, more broadly defined, is not detailed enough, the lack of the necessary operational in practice. Suitable especially involving misdemeanor records subject to eliminate discretion applicable, the decision to eliminate the specific procedures applicable to the system, after the elimination of the legal effects and so on were not specific; the second is that the system blocked more external operating environment, not only in conflict with some of China’s relevant laws and regulations, and the lack of support to ensure their effective operation of the system; the third is the relevant departments and personnel to the system is not enough emphasis on the objective conduct hindered the smoothoperation of the system and related work.This paper is divided into three parts. The first part aims to study a minor misdemeanor record system to eliminate basic problems, including the contents of concept definition and the theoretical basis of the analysis, aimed to summarize the current research on this issue and about the system of extraterritorial basic generalizations.Although the law does not distinguish between the extraterritorial provisions of minors "illegal misdemeanor elimination system", but applies "Abolition of Crime Record", but in the content, "Abolition of Crime Record" covers should be broad to "eliminate minor misdemeanor offense system " in nature, there is the same strain characteristics. Therefore, for the construction of a minor misdemeanor offense elimination system provides the basic theory and legislation of experience. A clear scope of the study, presented their views on this basis; the second part is the main problem in G related work currently exist and deficiencies existing in the analysis; The third part is the summary of experience combined with extraterritorial G work puts forward some suggestions to improve the system.