Research On The Elimination System Of Minors

For juvenile criminal,China adhere to the principle of “education first, punishment supplemented” and the policy of “education, persuasion and save”,but there are still insufficient. Criminal record elimination system has been widely used in countries all over the world,although our country provides criminal record system, not requiring criminal record elimination system,especially not establishing a juvenile criminal record elimination system.For the minor one's mental development during the initial crime is still immature, the influence of a negative evaluation like criminal record is too large, which will be against their rehabilitation and return to society. Therefore, in order to protect minors better, we should establish the juvenile criminal record elimination system conforming to the actual situation in our country as soon as possible, based on the legislative experience of other countries for reference.The first chapter by outlining a juvenile criminal record elimination system, according to the concept of criminal record, criminal record elimination, explains and analyzes the basis of a juvenile criminal record elimination system established. The second part is to discuss and demonstrate the necessity and feasibility of establishing the juvenile criminal record elimination system from protect minors to return society, to carry out the criminal policy of temper justice with mercy four perspectives, to analyze minor crime characteristics, to improve the austerity of criminal law principle and other aspects. In the third part tells the status of minor criminal record elimination system at home and abroad eventually to improve the system, by using the comparative law research methods, absorbing foreign outstanding achievements in the related fields and investigating the social effect of judicial practice at present in our country and analyzes the existence dilemma to build the system. Finally, the fourth part,on the premise of clear the above problem, it will deeply analyze the scientific design of the system from the applicable scope, legal standard, implementing procedures and detailed consequences several aspects. Then from the aspects of the legislative, administrative,judicial and social to groom the basic idea of minor criminal record elimination system in detail.