Research On The Sealing System Of Juvenile Criminal Records

In 2012,The Criminal Procedure Law of China formally established the juvenile criminal record sealing system,which has the value orientation of protecting the juvenile delinquents,can eliminate the label of juvenile delinquents,make them free from secondary evaluation,and promote the juvenile delinquents to return to social life without discrimination.However,due to the late establishment of juvenile justice system in China,and the provision of juvenile criminal record sealing system is too principled,which leads to the problem of poor operability in practice.the author tries to explore from the following four aspects.The first part of the paper is a theoretical study.Firstly,it summarizes the concept of the seal of juvenile criminal record,and compares it with the elimination of criminal record.Secondly,it discusses the necessity of constructing the juvenile criminal record sealing system in China.Finally,by sorting out the legislative status and judicial status of the system,it clarifies the process from exploration to establishment in China,and provides the basis for the following demonstration.In the second part,the author deeply explores the problems and causes of the operation of juvenile criminal record sealing system in China from five aspects of inquiry,initiation,sealing,connection with relevant laws,supervision and relief.The third part is the investigation of relevant systems outside the region,comparative analysis of the legislation and practice of civil law system,common law system representative countries,summed up the advanced experience for China’s reference.Fourth part article analysis as the foothold,and puts forward Suggestions of perfecting our country’s minor crime record storage system,mainly including specification query mechanism,building diversified startup mode,broadening the scope of sequestration,to perfect the related system,establish a supervision mechanism,and relief ways five measures,so as to maximize the solution to juvenile crime records sealed the problems existing in the system,Safeguarding the legitimate rights and interests of juvenile delinquents.