On The Construction Of The System For Eliminating Criminal Record

Criminal record is a special legal state that criminals are in after the conviction or criminal punishment is completed.Although the criminal record system has a certain positive role in preventing crimes,the current criminal law in China stipulates the lifelong reporting obligation of criminal convictions,which leads to the excessive performance of criminal convictions in realizing the continuation of criminal punishment,contrary to the modern development trend of criminal law focusing on human rights protection.The value of the criminal record eradication system is reflected in the realization of the criminal record prevention,while paying attention to the protection of the human rights of the criminals,and finally establishing a method for the criminals to rehabilitate.Throughout the world,the criminal record eradication system has become one of the symbols of criminal law modernization.At present,China has recognized the significance and function of the criminal record elimination system to a certain extent in the theoretical circle and judicial practice,but the legislative provisions on the criminal record elimination system are still vacant.The purpose of this paper is to analyze and sort out the current domestic laws and regulations on the criminal record elimination system and to explore the practice of criminal record elimination in some regions.The design of criminal record elimination system and the legislative system is discussed,in order to provide a reference for the establishment of the criminal record elimination system.The content of this paper is divided into five chapters.Chapter 1 provides an overview of the theory of criminal record and criminal record eradication.On the basis of elaborating the definition,purpose and effect of criminal record,it analyzes the connotation of the criminal record elimination system,and discusses the basis of criminal record elimination from three aspects: philosophy,jurisprudence and criminal law.The second chapter argues the current situation of criminal record and the eradication of criminal record in my country.Firstly,it sorts out the status quo of the existing criminal record system in our country.Then analyzes the juvenile criminal record elimination system carried out in some areas of our country and points out the existing problems.Chapter 3 makes analysis on the establishment of the criminal record elimination system.This chapter discusses the significance and feasibility of establishing a criminal record eradication system in our country on the basis of analyzing the necessity of criminal record eradication.Chapter 4 presents the reference of foreign criminal record elimination system,analyzing the criminal record eradication system of Russia,Japan and France,and the referential significance to the establishment of the criminal record elimination system in China.Chapter 5 presents the construction of the criminal record elimination system,combining the above analysis.This chapter proposes a legislative model of constructing a criminal record elimination system in both substantive and procedural aspects,and makes a detailed analysis of the substantive legislation and procedural legislation respectively,simulating the legislative design,in order to establish a criminal record elimination legislation for reference.