Research On The System Of Juvenile Sealed Criminal Records

Although some progress has been made in protecting the legal rights and interests of juvenile delinquency in China after seven years of implementation,there are still some problems in both the discussion on the further development direction of the system in the academic circle and the specific application of the system in judicial practice.These problems are mainly reflected in whether to establish the layered sealing mechanism and whether to establish the system of artificial privacy rights.This paper aims to analyze the existing problems of the current system and give corresponding suggestions by combining the data obtained from the author’s investigation with literature research and empirical research.The article is divided into six parts:In the introduction,the purpose and significance of the research are described,and the main content,research methods are introduced.The second chapter of the text is a theoretical study,including the concept,content,principle and function of China’s juvenile criminal record sealing system.The third chapter compares and analyzes the relevant systems and practices of the representative countries of the civil law system and the common law system through the investigation of the relevant systems outside the region,and puts forward the parts that China can learn from.The fourth chapter expounds the juvenile criminal record sealing system itself and some problems in practice: for example,the system itself has a single way of starting,the starting time is late,the issue of unsealing is not stipulated by law,the relevant judicial interpretation is too general;In the judicial practice,there are conflicts with relevant laws and policies,and now the media overstates the adverse impact of negative public opinion led by reports on juvenile delinquency.The fifth chapter is the internal improvement of the juvenile criminal record system,which mainly includes the improvement of the starting time and starting method of the system,the elaboration of the unsealing procedure,the creation of the relief mechanism and so on.In addition,it is suggested to set up the elimination system of minor misdemeanor criminal record according to the actual situation of our country,and toconstruct the specific implementation procedure of the system.The sixth chapter expounds the establishment of supporting mechanism,which mainly includes the establishment of privacy right from the auxiliary system,the establishment of layered storage system and the establishment of evaluation and investigation mechanism.From the social environment,it is suggested to establish the support system of the whole society to ensure that the minors who are eager to return to the right path can be better accepted by the society after education and correction.From the macro level of national laws and policies,the medium level of social units and groups,and the micro level of individuals,to establish an all-round and three-dimensional social ecology.