On Juvenile Delinquency Records Archive System

Section275of the new Code of Criminal Procedure provides:” When acrime was under eighteen years old and sentenced to fixed-term imprisonment of notmore than three years, criminal detention, public surveillance, the relevant criminalrecord should be sealed. Criminal record, which has been archived, is not allowed toprovide with any unit or individual by relevant organs, except for the judicial organsto handing cases need or the unit concerned in accordance with national regulationsthat is necessary to query. At the same time, above query unit or individual shouldkeep confidential with the sealed criminal record.” This is the first time for our nationto admit juvenile delinquency records archive value in the form of formal legalprovisions.Juvenile delinquency records archive system is established theoretically basedon the labeling theory, juvenile justice theory and the theory of justice requires, andthe experimental work carried over regions before new Code of Criminal Procedurewas promulgated was also provides a wealth of practical experience for theimplementation of the system. But comparing with the relevant system of foreigncountries and other regions (mostly is called the Elimination of Criminal Record),we can easily find that our newly established juvenile delinquency recordsarchive system is lack of thoroughness, and there still exists many barriers set up toagainst juvenile delinquency, mainly showed as follows: too narrow applicablescope, too vulgar application provisions, no specific procedural requirementssequestration. Because of these problems, the result of the system operating mustgreatly reduced.In order to give full play to the role of the system in terms of return to societyof minors, we should improve it continuously. First, expand the applicable scope, allminors criminal negligence is also being incorporated into the archive object; Second,improve the relevant provisions of the applicable body, clarifying the status androle of the public security organ, People’s Procuratorate and People’s Court inthe juvenile delinquency records archive system, and expanding the scope ofapplication to make the known unit and individual of minor criminal record into thesealed subjects; Besides, clarify the operating procedure of juvenile delinquencyrecords archive system;Finally, because the archive system is essentially to limit thedisclosure of a criminal record system, which itself has a lack of thoroughness, so it should also be improved to carry through the transition to the elimination system ofthe minor crime record.