The Juvenile Criminal Record Sealing System Is Improved

In 2012,the National Judicial Department amended the National Criminal Procedure Law according to the situation of juvenile delinquency.The document stipulates that all criminal records of criminals under 18 years of age who have been sentenced to five years or less should be sealed up.Except for the needs of judicial departments,no employing unit or individual has the right to inquire.After the development to 2015,the Standing Committee of the National People's Congress has once again given criminals(except those who commit homicide,terrorist attacks and rape)an opportunity to Amnesty those sentenced to fixed-term imprisonment of less than three years,and those under 18 years of age are also within the scope of amnesty,which further reflects the state's concern for minors and the protection of privacy,hoping to give them another chance.Opportunity,to live the same life as ordinary people.Nowadays,the juvenile delinquency storage system has been implemented for many years.Although the introduction of various systems and laws reflects the concern of the state for juvenile delinquents,due to the short implementation time,the judicial department has not further refined the regulations according to the current development situation.For this reason,the author hopes to further explore this issue through his own research.It is hoped that the research results in this paper will enable juvenile criminals to get on the right track as soon as possible,feel the care of the society and the state for them,and make contributions to the construction of a harmonious and stable society and the development of the national economy as soon as possible.This paper studies a total of four major parts: Part 1,this article intensely elaborates on the current national juvenile crime record preservation system,and the implementation of various systems,on this basis,from the perspective of judicial practice to explore the deficiencies of existing laws and regulations.At present,in legislation,the system related to the record-keeping of juvenile offenders mainly exists in the unclear subject and scope of the record-keeping,the narrow scope of the object of the record-keeping,the lack of clear provisions concerning juvenile victims and juveniles in the same case,and the conflict with the special provisions of other departmental laws.In practice,there are still some problems in the system,such as the inadequacy of the start-up procedure and the lack of restrictions on media intervention.In addition,the imperfection of the current operation process of the system still brings great obstacles to the implementation of the relevant system by the judicial department.Part 2,this paper will demonstrate the necessity of setting up the juvenile criminal record seal from three aspects: philosophy,law and criminology.The third part mainly introduces the situation of extraterritorial legislation and makes an analysis and comparison of extraterritorial legislation,and then compares our country's deposit system with the extinction system of extraterritorial criminal record,so as to further analyze the deficiencies of the current juvenile criminal deposit system;the fourth part,according to the insufficient development and the actual situation,this paper will put forward the corresponding detailed inquiry process.Preface: properly seal cases involving minor victims,resolve conflicts between relevant provisions of various departments' laws,rationally set up the starting mode and investigation period of the sealing procedure,restrict and standardize the media's involvement in minor cases,clarify the operation process of each unit to improve the sealing procedure,and set up a unified national criminal record inquiry system with special inquiry procedures.