On The Perfection Of Minors’ Personal Information Protection System In China’s Criminal Procedure

Whether the protection system of minors’ personal information in criminal procedure is sound or not is one of the important bases to measure the degree of minors’ protection in a country.Juvenile delinquency has two characteristics.One is that juvenile delinquency is a passive choice influenced by the social environment;Second,as a "temporary phenomenon" in the growth of minors,criminal acts will disappear with the growth of minors.Recognizing the above two points,the international community has formulated a series of legal documents to protect the personal information of minors in the proceedings,in order to reduce the negative effects of criminal proceedings on the growth of minors.Under the influence of international treaties,China’s criminal procedure law has made corresponding provisions on the protection of minors’ personal information,including the production of social investigation reports,the non disclosure of case proceedings and the sealing up of minors’ criminal records.However,in practice,because the system design is too rough and the operability is poor,the protection of minors’ personal information does not meet the expectations.In order to protect the personal information of minors involved in crime from being known by the society,reduce the negative impact of label effect on the growth of minors,clear the obstacles for their return to society,and improve the deficiencies of the protection system of minors’ personal information in criminal proceedings,so as to implement the basic principles of protecting minors.This paper first expounds the legal basis of the protection of minors’ personal information in criminal proceedings,then analyzes the current situation of the protection system of minors’ personal information in criminal proceedings in China,and takes the relevant conventions on the protection of minors in international organizations and the protection system of minors’ personal information in various countries as a reference,and finally puts forward some humble opinions on improving the system of minors’ personal information in criminal proceedings in China.The main body of this paper is divided into five chapters: the first chapter discusses the legal basis from the necessity of protecting minors’ personal information in criminal proceedings;The second chapter discusses the protection system of minors’ personal information in China’s criminal procedure law,including the production of social investigation reports,the non disclosure of the trial process,the public announcement of the judgment results and the sealing up of criminal records;The third chapter,on the basis of the current situation of the system,analyzes the reasons for the insufficient protection of minors’ personal information in criminal proceedings,and finds that the existing problems include the unclear provisions of the social investigation system,the diversity of investigation subjects and unclear responsibilities,the failure to keep the procedures closed,the inconsistent judgment of age nodes,resulting in the existence of a protection vacuum,the unilateral conditions for the sealing of criminal records,and so on;The fourth chapter introduces the experience of the protection of minors’ personal information in foreign criminal proceedings,so as to provide reference for the improvement of our system;The fifth chapter puts forward some ideas on improving the personal information protection system of minors in criminal proceedings in China,mainly from the aspects of improving the procedural provisions of social investigation reports,not publicly hearing and not publicly sentencing,and increasing the conditions for sealing criminal records.