The Study On System Of Sealing Minors' Criminal Records In China

Article 275 of the newly amended Criminal Procedure Law provides for the juvenile criminal record storage system.The implementation of the system,for the protection and education of minors,so that it is no longer affected by the impact of criminal records,especially the smooth return to society has a very important role.But in the course of practice,there are still many problems.Through the study of the implementation of the system,the author investigates the implementation of the people's court of X and X city of J province and makes a comparative study,and analyzes the existing problems with the implementation methods of the other regions,And on this basis,the system made a sound proposal.The first part is an overview of the juvenile criminal record storage system.First of all,the necessity of setting up the system is analyzed and the significance of the system is expounded.Finally,the present legislation is briefly introduced,and the reason why the legislator establishes the storage system and not the criminal elimination system is analyzed.The second part introduces the practice of the system of J County X and Y City L District People's Courts,and makes a comparative analysis of the two,including the subject of the sealed decision,the scope and content of the archives,the procedures for the storage,Confidentiality requirements and procedures for deregistration.The third part mainly summarizes some problems existing in the practice of the system,and makes a comparative analysis of the implementation of the storage system in each region.Mainly: the scope of the storage is not sealed,the way to start the storage is unknown,the subject of the decision and the authority of the storage is not clear,the legal consequences of storage is not clearly defined,the lack of inquiry procedures,the closure of the program is missing,Supervision and sanctions,the existence of the depository system and other laws and regulations.The fourth part is the second,the third part of the unresolved issues raised some suggestions.First,to expand the scope of application of the object;second,the sequencing of the way to start the diversification;third,clearly sealed the subject and authority;fourth,improve the legal consequences of archiving,fifth,detailed queryprocedures;The conditions and procedures for the construction of the deconstruction;Sixth,improve the supervision and sanctions of the package;Finally,improve the sealing system and other laws and regulations of convergence.