| At present, our country's measurement of penalty or is it have to punish to minor, make crime this for standard of consulting with adult still, according to the judge's right of judging amount of freedom, downgrade and carry on the measurement of penalty again. This kind of situation can not well safeguard minors' legitimate rights and interests. in fact, can't really reflect the policy of "educating, saving, persuading" . It is necessary so and perfect minor's criminal judicial system from legislating on the administration of justice. The criminal stain is written down as a kind of crime can prove somebody's personality once had a defect, if it commits crime again, proves this person's bad habit difficult to change, malignant relatively deep subjectively, should receive the law, society: and more severe sanction. Therefore, our country adopts the criminal stain report and keeps the system, but the irrationality that this system exists, it ignores particularity of minor's crime, protect the law with minors and run counter to, contradict with relevant laws and regulations. Minor's crimes are mostly the first offenders, casual offense, its subjective malignant, personal harmfulness is not generally big. Through the help and education of the society, family, they may totally wash the stain, begin one': life anew. And keep criminal stain to minors, hinder their self-remoulding, process of beginning one's life anew feasible for minor to cancel the system of criminal stain. greatly, and should have the regulation in condition, procedure and rendering a service, etc. in the system.The abolition of crime records means the system that the person ever convicted or sentenced abolishes his or her crime records when there are the legal conditions. In our country, Article 100 of the Criminal Law of the People's Republic of China, Article 10 of the Law of Judges of the People's Republic of China, Article 11 of the Law of Prosecutors of the People's Republic of China, Article 26 of the Law of People's Police of the People's Republic of China, Article 10 of the Law of Files of the People's Republic of China and Article 9 of the Methods on Personnel File Management greatly contradict the system of abolition of minor crime records. The system of abolition of minor crime records can be established in the following three aspects. First, for the legislative mode of the system of abolition of minor crime records, its criminal legislation should be differentiated from that of the adult and its independent legislation should be made. Second, the general contents of the system of abolition of minor crime records are as follows. The first is mode. According to the actual situation of our country, the court should judge to cancel the guilty declaration of the juvenile delinquent and relevant criminal records when there are the legal conditions. The second is the general conditions. The range of charges and punishment is the general important condition. The system of abolition of crime records should be inapplicable to the crimes with especially severe social damages and absolutely vile cases. The complete repentance is the substantive important condition. It should be defined that the juvenile delinquent sentenced with the juvenile punishment can use the irreproachable actions to prove that he or she is a person who does not truly do damages to society any longer. The range of time is the formal important condition. The time conditions required by the abolition of crime records should vary from the various concrete crimes and punishments. The third is the procedure: 1. application, 2. jurisdiction and acceptance, 3.investigation, trial and supervision, 4. judgment and delivery. Third, the legal consequences of abolition of minor crime records are as follows: 1. abolition of crime records, 2. change of legal evaluation, 3. exemption of obligation of crime record report. |
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