The Research Of Localization For Minor’s Previous Conviction Elimination System In Nation

“Previous conviction” is a kind of normative evolution of previous crime, which iscompletely different from “Criminal record”. Between “Previous conviction” and “Criminalrecord” there is a relationship that “Evolution object” and “Evolution conclusion”. Constantly“Previous conviction vanish” and “Criminal record preservation” also have two differentconceptions totally. According with certain conditions,“Previous conviction can be vanished,the minor criminals can be a normal a kind of conditional previous conviction elimination.“Previous conviction” can cause heavier crime for subsequent crime, the theoretical basis ofwhich have two viewpoints include” theory of social harms” and “theory of personal risk”,the writer agrees with the later. There is a big split that whether the “Previous conviction”should be preserved, so that as the product that the system of previous conviction generatedfrom theory of previous conviction preservation and previous conviction elimination. A kindof viewpoint thinks that the nature of previous conviction is that criminal liability’selimination, the other viewpoint thinks that it’s a vanish of criminal effects in legacy, thewriter approves the second viewpoint. In foreign legislation, it has related previousconviction‘s laws, and these laws embody their own countries’ features. In order to set upnational system of minor’s previous conviction, not only bring in their advanced livingexperience, but also consider China’s social conditions. At present, it has relevant regulationsof minor’s previous conviction elimination in our criminal law, lawsuit law, minors’protection law and the other related laws, at the same time., judicial organs also have donelots of practice in minor’s previous conviction elimination. This system in China has lots ofdisadvantages obviously: severe penalty thought resulted in that the elimination system isunsupportive, criminal policy caused the system be weak in standard, brand infection led tosevere human-right problems, the models of criminal explanations induced by applicationhard, tendency of education utility induce returning back tough and so on. To solve theproblems, it is necessary to establish a correct ideological for the reform of rooted system ofminor’s previous conviction elimination, on this basis integrate living legal provisions,abolish brand infection by degrees, improve supporting laws to provide a good environmentfor minor’s previous conviction elimination system.