| The former refers to the record of criminal law court sentenced the punishmentor someone who has been convicted of fact.s.Record of reservation is set to preventcrime,the country to realize the goal of social need.Therefore, the existence ofcriminal records has certain positive meaning.but its long-term existence of ex-convictcaused a series of negative adverse effects and its not conducive to one who have acriminal record to return to society, in the long-run, more detrimental to prevent crimeand social harmony and stability. For minors, the negative influence of the criminalrecord is more far-reaching and more serious. The minors who have criminal recordswill face the loss of right and qualification and discrimination from the communitywhen they return to the society, which greatly hindered their confidence to improvethemselves and return to the community. The record elimination system means thatwith the statutory conditions,the criminal records of a person who was convicted orsentenced can be canceled. The establishment of this system is not only conducive tothrown off the crime label of minors, help them improve themselves and return to thesociety and away from re-offending, but also conducive to improve our current legalsystem of minors protection. We should fully consider the characteristics of juveniledelinquency and eliminate the criminal records from the minors through certainprocedures within a certain range so as to to provide legal and institutional safeguardsfor Juvenile offenders to smoothly return to society.This article take the concept of criminal records and elimination of criminal records as a starting point and make a systematic interpretation on the instructions ofelimination of Criminal Record from the respect of the significance, theoretical basis,reasons and necessity of elimination of criminal records. Meanwhile, by analyzingresearch situation at home and abroad and on the basis of learn from existing foreignlegislative provisions, put forward the legislation plan for the establishment of minorscriminal record system of elimination. Its include the conditions, procedures, legalconsequences, specific legislative models and supporting measures of minors criminalrecord system of elimination. The system of elimination of minors criminal records isan important part of the juvenile justice system. This system conform the justice valueof law, conducive to achieve the purpose of criminal law and to prevent juvenile crime,its also a common trend of juvenile legislation of the countries in the world. Juvenilejustice in China is still in its infancy, and for the distress social environment we facedon juvenile delinquency in china, the establishment of the minors criminal recordsystem of elimination is undoubtedly a very urgent task. |
