A Minor Criminal Record System Research

Currently,the legal provisions related to the juveniles’ criminal record disposition system are the criminal record reporting system in 8th Amendment of Criminal Law and the criminal record sealing in the new Law of Criminal Procedure.Criminal record system realizes the social value of crime prevention,meanwhile,it brings a variety of adverse effects to the social life of people with criminal record,which is awfully negative to their inner spirit and makes it difficulte for them to return to society.The situation has increasingly gotten attention from experts and scholars in the theoretical circles and judicial personnel.Therefore,it’s necessary to build a new system to improve the current deficiency.Based on the foreign experience of abolition system of criminal record,this article puts forward feasible suggestions for establishing system of abolition of criminal record.The full text,totaling more than thirty thousand words,is divided into four parts.The first part is about the concept and value of abolition system of criminal record and juveniles’ criminal record.As to crime,we shouldn’t just blame the criminal,also the society need to bear certain resposibility.Therefore,people should take objective and rational attitude towards crime,especially the juvenile crime.The abolition system of juveniles’ criminal record was born in this environment,and it provide an opportunity for juveniles who have criminal record to relieve psychological pressure,remove mental stress,live a new life and smoothly integrate into the society.The second part is the analysis about the legislative stipulation of juveniles’ criminal record disposition system,proposing the necessity of estabilishing abolition system of juveniles’ criminal record.According to the current legislative situation,the content of criminal record reporting system is not detailed,and there is no further implementation of criminal record reporting measures.The design of sealing system of juveniles’ criminal record is too general in the details of organization setting,authority division,order form and operating procedure,which lead to the lack of standard in judicial practice.The third part compared foreign legislation of abolition system of juveniles’ criminal record,referring to the criminal law of foreign countries such as Germany,France,America,England and Japan,coming out that the applicable object is socially extensive,which means that not only juvenile but also adult can use the abolition system of criminal record.In consideration of the specialty of juvenile justice,penal code sets better abolition condition for juveniles.Based on the abolition system of criminal record for adult,legislation is properly more loose for juveniles.Meanwhile,according to the difference of criminal penalty and accusation,some criminals are excluded from the application of criminal record abolition system.The fourth part is proposing legislative suggestions for juveniles’ criminal record disposition system in our country,detailing in applicable conditions and procedures.After the abolition of juveniles’ criminal record,the legitimate rights and interests of juveniles should be regained and the relevant criminal record cannot be quoted in later lawsuit.State agencies should strengthen cooperation and do supervisory work for the implementation of juveniles’ criminal record abolition system.Only building supporting system can the abolition system of juveniles’ s criminal record works effectively,so that juveniles can grow up healthily and positively.