Study On Sealing Criminal Recorde System Of Juvenile

The Chapter proceedings of the juvenile criminal cases in new "Criminal Procedure Law", established a system of educating, reforming and saving juvenile, the Sealing Criminal Record is one of them. The Sealing Criminal Record requires Public Security Bureau, Procuratorate, Court and relevant departments (hereafter called the "judicial organizations") and individual should sealing up the criminal record from public. Sealing Criminal Record can induce the former crime influence on juveniles, help them return society. It’s a huge progress on Socialist legal construction, government and relevant department should design a perfect detail system of Sealing Criminal Record. But we only find two clauses in new "Criminal Procedure Law". The system of Sealing Criminal Record has some problems, such as unclear subject, narrow scope of application, disharmony justice environment, imperfect criminal record system. At present, Li tianyi case directly reflects that China’s current legal system of protecting juvenile criminal has many deficiencies, which strengthen the difficulty of establish the System of Sealing Criminal Record. Some places in China use different method and carry out experiment of Juvenile Criminal Record Expungement System, which can provide beneficial experience and thought for the establishment of Criminal Record System.Chapter One:The Basic theory of Sealing Criminal Record System of Juvenile. Basic theory defines and analyzes fundamental concepts such as criminal record, sealing criminal record and criminal record expungement. This part also introduces the legislative reason and significance of Sealing Criminal Record System of Juvenile.Chapter Two:Extraterritorial legislation of Sealing Criminal Record System of Juvenile and our country’s experimental field. Analyze and summarize the criminal record systems in California, Massachusetts and Canada. On the basic of analysis and summarization, put forward China’s legislation practice can absorb the good ideas form the extraterritorial system. Meanwhile, we summarize judicial organizations’ experience on practice the Sealing Criminal Record System of Juvenile, which can have a further analysis on this system’s deficiencies and come up with constructive criticism.Chapter Three:Analysis on current situation of legislation and problems of Sealing Criminal Record System of Juvenile. This part includes interpretation on Sealing Criminal Record System of Juvenile of new "Criminal Procedure Law" and putting forward that we should find solutions of the problems of sealing subject, scope of application, sealing system, laws and rules, incomplete criminal record.Chapter Four:Perfection on Sealing Criminal Record System of Juvenile. Put forward Specific solutions and Suggestions on the subject, scope of application, procedure, legal remedy and laws and rules of Sealing Criminal Record System of Juvenile.