The Elimination Of Crimial Record Of Minors

There will be a series of negative effects of the indefinite period of criminal record,which is not conducive to the return of the criminal record to the society. In the long run,it is not conducive to the prevention of crime and social stability. For minors, the impact of criminal record is more far-reaching, more serious. There are records of juvenile offenders have to face in return to society after the rights and qualification loss and from all walks of life which is China discrimination,for thousands of years in the concept of karma in real life,a reflection,an inevitable result is the legal effect. Can be said that the record has greatly affected them to repent and return to the society of confidence. In view of this, most countries in the world have set up the corresponding elimination system of the minor criminal record. The elimination of criminal record is a system which has been convicted or sentenced to the statutory conditions, through legal procedures, to declare the cancellation of criminal records, resume normal legal status.The establishment of this system is not only conducive to removing the minor crime label, help them to start with a clean slate, and away from the crime again and return to the society.Our country in this regard no clear legislative provisions, but also in 2011 of the"criminal law amendment (eight)" exempt in accordance with the conditions of the minor criminal record reporting obligations. Although the exemption from the obligation of the criminal reporting is only a legal of the elimination of minor record, but have to say that this is a big progress of the juvenile justice system in our country.In recent years, all over the country such as Hebei, Sichuan and other places to carry out the elimination of criminal record of minors exploration work, although all such efforts worthy of recognition and has achieved certain results,but it is undeniable that it still exists many shortcomings. Our system mainly has following several aspects:in practice will destroy the certificate in order of elimination of criminal record issued after the record are 1 practice in most areas, it can be said that the juvenile offenders a two damage. 2 geographical restrictions make the recognition effect greatly reduced. 3 most areas of the way or way to say that there is only one, that is, to apply for the eradication of. 4 practice, there are a number of units of joint law enforcement, some of the court alone to review,failed to reach a unified. 5 around the practice,because it is basically carried out by the grass-roots units, so the method is made up of minor criminal information within the system, only a limited recorddestroy, did not really restore juvenile offenders to be deprived of the legitimate rights and interests for a crime.Therefore, in the construction of minors in our country when the elimination of criminal record system, should conform to the trend of international justice, referring to the foreign mature experience in legislation, for juvenile offenders return to society smoothly give full guarantee.The construction of our country system required scope,clear from the elimination of criminal record of minors criminal record elimination conditions, a unified way of elimination of criminal record of minors and the provisions of the four aspects of juvenile legal consequences of criminal record elimination implementation.Minors are the future and hope of a nation, for minor crime, we should separate juvenile offenders from adult criminal areas, help them bring adverse effects with the crime label,so that they return to the society on the stage should create a new normal life.