Studies On The Dilemmas And Solutions Of The System Of The Elimination Of Juvenile Criminal Records

Juveniles have been regarded as the future and hope of our country.However,the crime rate of minors is on the rise with the development of society.Therefore,how to effectively prevent juvenile delinquency and how to enable juveniles with criminal records to return to society smoothly are becoming common concerns of the whole society.In our country,criminal record system has always existed in the theory and practice of Criminal Law.Although this system is the need of national crime prevention and social defense,for juvenile offenders with criminal records,this very label will present them the deprivation of rights,qualifications and discrimination from all walks of life,which will certainly affect their lives.This is neither in line with the just value of Criminal Law and the spirit of humility of it,nor propitious to the achievement of the objective of Criminal Law to prevent juvenile delinquency,then,the establishment of the system of the elimination of juvenile criminal records comes into being.The establishment of this system is not only propitious to unveil the juveniles’ criminal label,help them to reform themselves and stay away from recidivism,thus,returning to society smoothly,but also conducive to improving our legal system of juvenile protection and providing legal and institutional guarantees for juvenile delinquents with criminal records to return to society.Although there is no specific provision for this system in our country,the legislation on this system has already started in February 2011,according to the provisions of the Amendment to the Criminal Law(8)on the exemption of minor criminal record reporting obligations and the newly revised Criminal Procedure Law on the seal-up of minor criminal records.This has undoubtedly laid a good foundation for the establishment of this system,and in recent years the judicial practice throughout the country has also carried out a useful exploration for the establishment of the system.However,due to various reasons,China has not really established a complete set of juvenile criminal records elimination system.Therefore,there is still a need for further research on this issue.This article is divided into three parts,about 21000 words.The main contents are as follows:The first part of the paper is an overview of the system of the elimination of juvenile criminal records.This part mainly defines the concepts of juveniles,juvenile delinquency,criminal records and the system of the elimination of criminal records,thereby lays a necessary foundation for the following discussion.The second part of the paper is about the analysis of the dilemma of establishing the system of the elimination of juvenile criminal records in our country.It makes a comprehensive analysis of the predicament of establishing the system of the elimination of juvenile criminal records in China mainly from the contradiction between the system of eliminating criminal records and the current legislation of our country,the lack of corresponding safeguard mechanism of the system and the conflict between the system and the concept of the public.The third part of the paper is to explore the construction of the system of the elimination of juvenile criminal records in our country.It has made a detailed study on the construction of the system of the elimination of juvenile criminal records in our country basing on five aspects,such as the conditions,the procedural provisions,the judicial guarantee,the legal consequences of this very system and the matching measures for it.And thus,put forward author’s own research plan on the predicament of the system of the elimination of juvenile criminal records and how to get rid of this predicament.