A Study On The System Of Elimination Of Antecedents

As an important part of China’s criminal policy,ex-conviction is one of the criteria for the law to measure the personal danger and social harm of criminals when they commit crimes again,which not only reflects the principle of adapting criminal law to crime and punishment,but also realizes the purpose of crime prevention.However,in the long-standing judicial practice,the ex-convict system has also gradually revealed its shortcomings,mainly in that ex-convicts,due to their existence of previous convictions,not only lead to the loss of their relevant legal rights and qualifications at the same time,but also suffer from social discrimination and various kinds of unequal treatment,which brings objective obstacles and psychological pressure on the return of ex-convicts to society,and also deviates from the socialist rule of law concept of respecting and protecting human rights.Therefore,with the modernization of China’s socialist rule of law governance system and governance capacity,the establishment and improvement of the ex-convict elimination system will be the general trend.As far as the current legislation and judicial practice of our country is concerned,the cases of trying to eliminate the criminal record system in the legislation of the minor scope have been appeared.As stipulated in Article 19 of the amendment to the criminal law(8),if the offender is under age when he commits an illegal act,the final trial result is 5 years’ fixed-term imprisonment or lower than the penalty level,the reporting obligation required in the preceding paragraph may be exempted.This article is added to the second paragraph of Article 100 of the criminal law.At the same time,the text of the amendment to the criminal procedure law clearly stipulates the system of historical seal up of juvenile group crime.With the expansion of the crime circle and the adoption of the "misdemeanor" legislative model,the number of criminal offenders under the "misdemeanor" model is bound to increase.According to the Blue Book on the Rule of Law: China’s Rule of Law Development Report No.18(2020),for example,the crime of dangerous driving with drunk driving as the main subject has become the most common criminal case heard by courts nationwide in the first half of 2020.And similar to committing a misdemeanor like dangerous driving,the offender is also required to truthfully fulfill the prior conviction reporting system,which is not in line with the legislative intent of setting up a prior conviction reporting system in China’s criminal legislation.Besides,ex-convicts are a kind of shameful label for reformed ex-convicts,a kind of excess punishment.With the development of the economy and society,the ex-convict reporting system has shown more and more disadvantages.The ex-convict reporting system will make it difficult for ex-convicts to find employment and will easily breed recidivism.In today’s network information era,the negative effects brought by ex-convicts to ex-convicts are infinitely magnified,and the discriminatory treatment that ex-convicts encounter in terms of various qualifications,rights,and opportunities of restriction or deprivation further isolates and marginalizes them,and they are deprived of even the right to work and face problems of survival,which is highly likely to lead them back to the path of crime.When the National People’s Congress(NPC)and Guangdong Lawyers Association(GDLA)were held in 2021,Xiao Shengfang,a member of the NPC and president of GDLA,paid attention to the group of "ex-convicts of misdemeanors" and submitted a proposal on the establishment of a system for the elimination of adult ex-convicts of misdemeanors in China’s criminal law;Zhu Zhengfu,a member of the CPPCC and vice president of the All-China Lawyers Association,submitted another proposal on the In order to deal with the current situation that ex-convicts are discriminated against in employment,which makes it difficult to return to society,it is necessary to build China’s ex-conviction elimination system as soon as possible.The above legislation and judicial practice reflect the rationality and feasibility of the ex-convict elimination system,but due to the imperfection of the theoretical construction,the imprecision of the relevant system,and the promotion of judicial practice to be followed up,the ex-convict elimination system should not be limited to juvenile ex-convicts,but should also be gradually extended to the adult group with conditions and selective under the statutory range of punishment,to provide ex-convicts with the opportunity to return to society after receiving penal education and reform,and participate in employment.In addition,the system should be extended to adults,with conditions and statutory penalties,so as to provide legal assistance for ex-convicts to return to society and participate in employment and other related rights protection.The timely revision and construction of the system of elimination of previous convictions covering adults and minors not only reflects the concept of a lighter and more humane criminal policy but also reflects the humanistic concern for the marginalized groups in society.Exploring the establishment of China’s ex-conviction elimination system can not only protect human rights and enable them to better return to society,but also achieve the purpose of the legislation,and is also a requirement of the socialist concept of rule of law and civilization.The purpose of this paper is to give a clear definition and content for the system of elimination of criminal record by comparing the domestic and foreign legislation and theoretical research,refer to the domestic research and development of laws and regulations on the system of elimination of criminal record and specific practice cases,gradually find out the difficult problems existing in the current development and evolution of the system of elimination of criminal record in China,and explore the measures to solve the problems,Therefore,it is necessary to build a system of eliminating criminal record in line with the socialist modern legal governance system and governance concept,promote relevant legislation and judicial practice,protect the legitimate rights and interests of criminal record personnel,help them integrate into society,realize reemployment,and strive for a better and happy life.