A Study On Juvenile Criminal Records Sealed System

The Code of Criminal Procedure and relevant legal interpretations initially established the juvenile criminal records sealed system. However, this system still needs to be improved in actual operation. Specifically, the first is that there is no related provision to regulate the operation of sealing the records when the adults and juveniles jointly committed an offence; Secondly, there is no specific related legal supervision procedures, the current legal and judicial interpretations have not clearly specify the supervision duties and modes of the prosecuting authorities, the punishment rules while violating the provisions to dispose of the criminal records and the corresponding remedies; Thirdly, the legislation only stipulates that the judicial departments actively seal the crime records of juvenile delinquents who meet the standards, but not include that the juvenile delinquents and their guardians can apply to seal the criminal records, such a one-side starting method of the seal system do no good to the human rights of the juvenile delinquents; Fourthly, the applicable conditions of sealing the records of juvenile delinquents are narrowly limited, not all the juvenile delinquents meets the standards. Besides, the stipulations of applicable conditions neglect to inspect the subjective aspects, such as the penitence attitude, and lack of scientificity and flexibility without setting the exceptional cases to apply to the system; Fifthly, the juvenile criminal records sealed system is hardly coordinate with relevant systems, and a lot of relevant supporting system is still in a vacuum. Analysis of existing problems and deficiencies of our country’s present juvenile criminal records sealed system in the process of actual operation can find that the social public subjective ideological reasons is the important factor that hinder sealed system effective implement, such as the social public’s concept of the rule of law is weak and have discriminatory attitude with minors who have criminal records.Refer to the foreign legislation experience and combined with the actual situation in the judiciary, we should begin to improve our juvenile criminal records sealed system from legislative, judicial and social three aspects. First of all, the legislations of juvenile criminal records sealed system should be further refined. To constitute provisions that regulate the operation of sealing the juvenile criminal records when the adults and juveniles jointly committed an offence. To stipulate the supervision duties, supervision objects, supervision contents and supervision methods of prosecuting authorities clearly. To make clear the punishment measures while violating the provisions to dispose of the criminal records.And set up detailed procedures of redress. In the next place, establishing the linkage mechanism which adapt to juvenile criminal records sealed system, coordinating the adaptability of juvenile criminal records sealed system and related systems, making juvenile criminal records sealed system link up with community survey system and other related systems. Last but not least, try to change the social public rejective attitude of juvenile criminal records sealed system, update social concept. The juvenile criminal records sealed system needs the social cultural environment of the united support so that can be effectively implement To guide the public look upon minors who have criminal records more rationally, and to publicize civilized concept of rule of law of humaneness and tolerance, and also to improve the public more correctly understand the juvenile criminal records sealed system. Make judicial protection and social protection combining,legal and social effects unity, to save juvenile offenders, and help juvenile offenders reintegrate into society ultimately.