Construction Of Criminal Record Elimination System Of Drunk Driving Punishment

The elimination of criminal record is recognized by countries all over the world because of its value of protecting human rights and realizing the complete social rehabilitation of criminals.At present,China has not established the elimination system of criminal record,but under the background of minor crime,it is necessary to build a system for the elimination of criminal record of minor crime.Because drunk driving behavior is not only a high-risk criminal behavior in reality,but also a minor criminal behavior,because of its particularity,this paper selects drunk driving behavior to explore the construction of criminal record elimination system after it is convicted.This paper is mainly divided into three parts: the first part discusses the particularity of the construction of the elimination system of criminal record of drunk dangerous driving crime.It is mainly divided into three sections: the first section discusses the necessity of establishing the current elimination system of criminal record.The existence of criminal record violates the principle of adapting crime to punishment,violates the protection of human rights,and the "crime label" hinders the re socialization of criminals;The second section discusses the unreality of the comprehensive establishment of the elimination system of criminal record in China.Considering various factors,it is not suitable and suitable to establish the elimination system of criminal record in China’s criminal law;The third section analyzes the feasibility and urgency of the establishment of the elimination system of criminal record of drunk dangerous driving crime,and discusses it from three aspects: the number of drunk dangerous driving cases in practice,the slight drunk dangerous driving behavior compared with other criminal behaviors,and the unreality of canceling the drunk dangerous driving crime.The second part of the article is a comprehensive analysis of the construction of the criminal record elimination system of drunken dangerous driving crime,mainly from two aspects of theoretical basis and practical basis: first,the theoretical basis of the construction of the criminal record elimination system is analyzed from three aspects: human nature basis,legal basis and sociological basis;Secondly,it analyzes the realistic basis of the construction of the criminal record elimination system of drunken dangerous driving crime.At present,there are relevant institutional and practical foundations for the elimination of criminal record,and social development also calls for a certain amount of criminal record elimination.The third part of the article is the systematic construction of the elimination system of criminal record of drunk dangerous driving crime,which is also the focus of this paper.Before putting forward systematic construction measures for the elimination system of criminal record of drunk dangerous driving crime,first redefine the criminal record,the elimination of criminal record and the legal consequences of elimination.After clarifying the basic concept,then analyze the obstacles to the construction of the elimination system of criminal record of drunk dangerous driving crime.It is true that there will be some obstacles in the construction of the elimination system of criminal record of drunk dangerous driving crime,But these obstacles can be solved.Finally,it discusses a series of measures of systematic construction,which are carried out from the aspects of legislative orientation,condition and mode design,judicial guarantee and other supporting measures.