The Theoretical Construction Of Combining The Record Elimination And Record Keeping System

In 2012,the criminal record sealing system appeared for the first time in China’s criminal procedure.Today,the system of criminal record sealing has made great contributions to the protection of juvenile delinquency,but from the view of development,China’s criminal record sealing system is still at the stage of rough framework.Because of the insufficiency of the criminal record sealing system in legislation and the defect of the system itself,there are many problems in the practice of the criminal record sealing system.The legislative technical problems such as imprecision and carelessness can be solved by perfecting legislation,but we cannot ignore the defects and drawbacks of the criminal record sealing system itself.Therefore,based on the criminal record sealing system,guided by the concept of socialist rule of law construction,and using for reference the practical experience of foreign countries,put forward the right protection mechanism of the re-socialization of minors who are“Completely sealed up and partially eliminated,and who have previously been eliminated to cooperate with the criminal record sealing system,the aim is to construct a system of juvenile delinquency rights protection that is more suitable to the development of society and the legal system.In order to build the system in theory,the key is to clarify the meaning and relationship between the two groups of words:criminal record sealing and criminal record elimination,to answer whether the two are equal,whether they can be replaced and why the system of elimination of criminal record can be embedded into the criminal record sealing system.This article first carries on the elaboration to the crime record seal system related theory.From the point of view of finding and solving problems,the paper studies the existing problems of the criminal record sealing system and puts forward solutions.It is because of the problems in the system and the problems which cannot be solved by the system of sealed criminal record,and the system of extermination of criminal record can solve these problems to some extent,that this paper proposes the system of extermination of criminal record introduced from abroad.Firstly,it introduces the system of elimination of criminal record,and demonstrates the relationship between the system of elimination of criminal record and criminal record,criminal record sealing and criminal record.Through the observation of foreign provisions on the elimination of criminal record system,learn from foreign experience.Then analyze the necessity and feasibility of the system of elimination of criminal record,the necessity is mainly from the incomplete function of criminal record storage system needs the system of elimination of criminal record to supplement,and the elimination of statutory discrimination depends on the elimination of criminal record system these two aspects to discuss.The feasibility is mainly due to the trial of the system of elimination of criminal record and the exploration of related systems in various parts of the country,which have provided the practical basis and experience for the establishment of the system of elimination of criminal record,and the system of elimination of criminal record conforms to the national criminal policy,for example,the criminal policy is in accordance with the principle of compatibility of crime and punishment,the goal of General Prevention and special prevention.These provide the practical and theoretical basis for introducing the system of elimination of criminal record.Finally,from the construction of the system to implement,first proposed that the overall application principle of the system is “Completely sealed,partially eliminated,” and discussed the content of the principle,explain the reasons for the application of this principle,then put forward the concrete proposal to construct the system of elimination of criminal record.