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Perfection Of Juvenile Criminal Record Storage System

Posted on:2016-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:X SunFull Text:PDF
GTID:2296330461491528Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
Juvenile crime records sealed system, refers to the juvenile criminals’record is sealed in accordance with the law after judiciary verdict. In addition to the judicial organs of law or the relevant units shall have the right to query, any other unit or individual shall not be allowed to query.After reading a large number of international treaties and other several countries legal documents, it is not difficult to find that many other countries have already put this system up to the legislative level. Through a series of contrast, it clear reflects that there are many flaws and shortcomings on the design of this system in our country. At present, this system has only one letter of law in our country, and the principle of system is too rigid. As early as 2003, our country started the exploration on the treatment of juvenile criminal record. The establishment and improvement of a legal system largely depend on the accumulation of practical experience, and constant refinement and standardization of law provisions. Many districts launched a series of judicial practice. According to common sense, it reasonably absorbs so much good and mature advice, it should be a successful law. Just because of this stipulation is relatively rough and rigid, so it isn’t equipped with high referent ability in daily judicial practice and the operability is not strong. Even it achieved a certain achievement with the result of helping a lot of juveniles to eliminate the negative influence of crime, correct their illegal behavior and influence them, so they can return to normal social life. However, we cannot deny that the system still has deficiencies and defects in the legislative level; it is in need for further improvement.This essay takes the perspective of perfection as an entry point and it is based on the current legislative situation for this system in our country. I briefly describe the current deficiency of this system on legislative level and put forward my own proposals for improvement. In order to achieve maximum value and significance of this system, remedy the deficiency of law itself, this essay intends to demonstrate from the three aspects:Expand the scope of system application, standardize operating procedures, strengthen the legal effect, then I put forward my own views for improvement. To compensate for some of the defects and shortcomings in legislation and to better realize the value and significance of the development of this system, this paper intends to:on the applicable condition, to include all the juvenile criminals in protection range. In this way, it not only maximizes the protection of the interests of the minors, but also keeps up with the trend of the legislation in the world today. On procedure design, it should based on the legislative principles of procedural law, building a startup, accept, auditing, save and supervision procedures in conformity with the characteristics of juveniles in order to improve the operability of the system in the judicial practice. On the aspect of the force of laws, other legal effective convergence, criminal record reporting obligations to waive, criminal legal consequences unchanged and sealed effect sustained and effective. Draw lessons from international conventions and foreign legislation documents, and contact with our accumulated experience in practice, puts forward some suggestions and opinions. Hope to contribute to a force to perfect the system of our country, but also has a certain reference and reference.
Keywords/Search Tags:juvenile, criminal record, seal, perfection
PDF Full Text Request
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