Research On The Criminal Record Storage System Of Juveniles In China

Juvenile crime,drugs and environmental pollution have been recognized as the world's three major public hazards.But most of the minor crimes have such characteristics as small subjective malice,pure motives and random impulse,which is quite different from adult crime,and this determines how our government should deal with juvenile delinquency cases.That is,on the one hand the penalty should reflect the purpose of criminal law,and on the other hand,one should pay more attention to our policy of "education,reformation and rescue",and to the implementation of such principle of justice as "education supplemented by punishment".Though China's new Criminal Procedure Law revised in 2012 has confirmed the sealing up system of minor crime in the form of the basic law,It can be said that the establishment of such a system is a major breakthrough in China's juvenile justice system.However,the regulations written in the new Criminal Procedural Law is too general,not easy to operate,and also lack of relief measures and the system of responsibility.Even worse,they are somewhat contradictory to the existing laws and regulations.All these have made the system difficult to implement in our work.This paper will start from the basic concept and connotations of criminal record storage system,based on the legislation exploration and judicial practice in different parts of China,by drawing on the system of extraterritorial processing,and finally puts forward some ideas to perfect our juvenile criminal record storage system.The paper is divided into four chapters.The first chapter is an overview of the archive system of the criminal record of the minors,which will mainly introduce the connotations,values and some relevant theories.The second chapter introduces the relevant provisions,judicial practice and defects in the sealing up system of the criminal records of minors in our country,in which the relevant provisions are selected from the Criminal Procedure Law and relevant judicial interpretations and opinions,while the judicial practice shows practical cases before and after the amendments to the Criminal Procedure Law,whereupon which leads to a series of problems and defects of the system in our country.The third chapter is about the extraterritorial reference upon the processing mode of the juvenile criminal record,which introduces some important international conventions and how to treat the juvenile criminal record in the following major countries such as Russia,Germany,Japan and the United States.And this chapter has also analyzed and summarized some foreign experiences in order to get something useful for our country.The fourth chapter is about the author's ideas of how to improve the system,from the following three major aspects of the entity,the procedures and necessary institutes in order to put forward some specific measures to further improve the sealing up system of the juvenile criminal records.