| As an important element of criminal justice,the previous conviction system has always been a hot topic of discussion in academic circles,and it plays a major role in preventing and combating crime.However,the existence of the previous conviction system also allows offenders to be permanently labelled as "criminals" and to be discriminated against in society,making them vulnerable to relapse into crime.The negative effects of the previous conviction system are particularly problematic for minors,who are at a sensitive stage in their mental development,and the long-term differential treatment of minors is not conducive to their healthy growth.In order to protect the rights and interests of minors,China has established the system of exempting minors from reporting prior convictions and the system of sealing minors’criminal records,both of which are a major step forward in the field of juvenile justice in China.However,due to the late start of China’s research on the protection of minors and the overly principled legislation,the system of sealing minors’ criminal records has revealed many shortcomings in judicial practice.Although the"Implementation Measures on the Sealing of Minors’ Criminal Records" formulated in 2022 by the two High Courts in conjunction with the Ministry of Public Security and the Ministry of Justice has made specific provisions on the issue,it is still too general in general.The system of elimination of minor’s previous convictions is a further development of the system of sealing minor’s criminal records,which has now been established in more than thirty countries and regions.In this article,we briefly explain the concept of the system of elimination of juvenile records,analyse the necessity of establishing a system of elimination of juvenile records in China and the difficulties encountered in the process of establishing a system of elimination of juvenile records in China,and finally try to describe the construction of a system of elimination of juvenile records in China and the specific design of the system by combining theoretical and practical experiences at home and abroad,with a view to The aim is to protect the legitimate rights and interests of minors to the greatest extent possible and to provide a favourable rule of law and social environment for the reintegration of juvenile offenders into society.The paper consists of four parts.The introduction section focuses on a brief description of the research background,the significance of the research as well as the research methodology and innovation points.The first part provides an overview of the concept of the minor’s previous conviction elimination system,and establishes through theoretical arguments that in this article the doctrine of declaration of guilt is used for previous convictions,and that a minor is considered to have a previous conviction as long as he or she is declared guilty by the court,regardless of whether the sentence is actually carried out.It establishes the specific meaning and legal consequences of the system of extinction of minors’ previous convictions and the need to establish a system of extinction of minors’ previous convictions in China.The second part is an analysis of the shortcomings of the criminal record sealing system currently in force in China and the relationship between the criminal record sealing system and the minor’s previous conviction elimination system.The criminal record sealing system suffers from unclear subjects,an overly narrow scope of sealing and a lack of specific remedies.The third part is an analysis of the difficulties faced by China in constructing a system for the elimination of minors’ previous convictions.The lack of understanding by the public,the complexity of standard setting,the lack of a corresponding supporting guarantee system,and the lack of systematic theoretical research will all hinder the construction of a system for the elimination of minors’ previous convictions.In addition,due to the lack of systematic research on this theory in China,we can only draw on the rich experience of foreign countries as far as possible in terms of the subject of application,scope of application,methods of extinction and time conditions.The fourth section focuses on the design of the system of elimination of juvenile convictions in three areas:substantive conditions,procedural conditions and supporting measures.In terms of subject matter,the system is specifically designed to apply to crimes of negligence,and to exclude crimes against state security,terrorist activities,crimes committed by organisations of a triad nature and drug offences from the scope of application of the system for the elimination of minors’previous convictions.In terms of timing,and drawing on overseas experience,different investigation periods are adopted for minor and felony offences,and minor offenders who have demonstrated meritorious behaviour or made significant contributions during the execution of their sentences or during the investigation period may apply to the court for early application of the juvenile conviction elimination system.For the protection of minor offenders and the saving of judicial resources,the court of first instance is the subject of the review of the minor’s previous conviction elimination system. |
