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China's Juvenile Criminal Records Sealed Institutional Research

Posted on:2020-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:W SunFull Text:PDF
GTID:2416330572457443Subject:Law
Abstract/Summary:PDF Full Text Request
Juvenile delinquency is one of the “three major public hazards” recognized in the world,so dealing with the juvenile's criminal record is a problem that can not be ignored.China has given a corresponding legal status to the “juvenile criminal record storage system”,which aims to open another door for minors who have lost in their life,dilute their “crime” label,and promote them live in society with “no-trace”.It is an important milestone in the history of the development of China's juvenile justice system.However,the system is still in the process of being created,and only a general framework has been established.Its content is not clear enough,its operability is poor,and it lacks a mechanism for redress of rights and liability,and it even has many conflicts with other laws and regulations.To a certain extent,it affects the effectiveness of the system.Therefore,through the analysis of the status and problems of our country's juvenile criminal record storage system,with reference to the advanced experience of extraterritorial practices,I hope to put forward some suggestions to perfect the current storage system in China.China has formally established the legal status of the “juvenile criminal record storage system”,which is one of the major breakthroughs in China's juvenile justice system.Therefore,it is of great value to explore this system.First of all,through analyzing the legal connotation,main features and relatedconcepts of the juvenile criminal record storage system,such as criminal records and previous convictions,crime record sealing and elimination…… the article elaborated on the basic connotation of the juvenile criminal record storage system.Secondly,it analyzes the theoretical basis and value functions of the system,such as individual punishment and criminal label.On this basis,this paper analyzes the legislation and practice of the system and the existence of storage subject is not clear enough,the scope of storage is not scientific,and the search conditions are unreasonable.Thirdly,through the interpretation of the main practices of the United Nations,the United States,the United Kingdom,Germany and other countries around the world concerning the storage of juvenile criminal records,we seek out the common practices of countries outside the region to explore the differences in external national practices,so as to better learn from the main practices around the world.Finally,in view of the main existing problems,from the two aspects of improving the entity regulations and operating procedures,the author puts forward some suggestions such as clarifying the subject of storage,expanding the scope of storage,strictly searching the conditions,amending the relevant laws,and reasonably setting up the starting mode and inspection period of storage.It is expected that the best special protection for minors can be realized to the maximum extent,so that they can return to the society without any trace.
Keywords/Search Tags:minor, criminal record, storage system
PDF Full Text Request
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