Research On The Elimination Of Criminal Record

Criminal record refers to the fact that the doer is declared guilty or sentenced to certain criminal punishment by the court due to his criminal act.There is no denying that the existence of criminal record will play an effective role in preventing criminals from committing crimes again.But in real life,it will make the record for life with the label "record",brought negative influence to record,the former inmates suffered all kinds of discrimination and unfair treatment of the society,in work,marriage,suffer many obstacles in life,the end result is often makes the criminal record is not based on the society,and because they have no source of income to maintain life,can only choose to return to life of crime in order to survive.This is not only bad for the human rights of ex-offenders,but also a huge waste of judicial resources.And our country "criminal law" provisions of the criminal record reporting system,only the criminal procedure law in our country is only stipulated the underage criminal record storage system and the civil and commercial laws and regulations for the record to some restrictions,but China has not provided with the corresponding record elimination system,begin well but end badly,which can lead to criminal record will be extremely unfavorable influence on former inmates.Therefore,it is necessary for China to establish the elimination system of ex-offenders,to eliminate the former offenders who meet the legal conditions,so that the former offenders can successfully return to the society,and realize the re-socialization of ex-offenders.This paper first Outlines the criminal record and record elimination system,and from the jurisprudence,criminal jurisprudence,criminology from three aspects of the in-depth,the article analyses the theoretical basis,criminal record elimination system based on this,the provisions of the criminal record on eliminate system in foreign countries is introduced,mainly including two aspects of legislation present situation and the specific content,finally analyzes the present situation of China's current criminal record on eliminate system,eventually hope from the legislative model,conditions,scope,procedure and effectiveness of legislative design,and the corresponding safeguard measures that several angles to build an accord with China's national conditions and characteristics and practice of criminal record system.