Study On Elimination System For Minor Previous Convictions In China

The elimination of previous convictions is a crucial component of criminal justice systems across the globe,yet it remains unestablished in China.This study aims to capitalize on the recent shifts in criminal justice paradigms,address the rising prevalence of minor offenses,and integrate existing work experiences and international legal provisions to devise an elimination system tailored to the unique context of China’s criminal justice landscape.This system,designed specifically for minor previous convictions,aspires to become a vital element of the Chinese litigation framework for minor offenses and provide valuable insights for the comprehensive implementation of previous conviction elimination.This paper is structured into four sections: an analysis of the current state of minor crime and previous conviction regulations in China,the necessity of creating an elimination system for minor previous convictions,insights from international elimination systems,the development of a China-specific elimination system for minor previous convictions.The first section offers an overview of minor crimes and elimination-related systems in China,analyzing the concept,scope,and prevalence of minor offenses while clarifying the definitions of previous convictions and elimination.The second section discusses the importance and necessity of establishing an elimination system for minor previous convictions from both macro and micro perspectives.At the macro level,constructing such a system is a political imperative for upholding the rule of law in the new era,a conceptual requirement for harmonizing the dialectical relationship between crime punishment and human rights protection,a value-driven necessity for promoting a unified legal order,and a vision-aligned need for the internationalization of criminal law.From a micro perspective,the implementation of this system can effectively mitigate the negative social consequences arising from the undue perpetuation of criminal labels.The third section examines the elimination systems of Russia,the United States,and France,analyzing their unique features and providing valuable insights for the development of China’s elimination system for minor previous convictions.The fourth section,it proposes a system design adapted to China’s context,encompassing legislative models,procedural design,and ancillary measures.In terms of legislative models,the author rejects the approaches of separate legislation and judicial interpretation,advocating for the incorporation of pertinent provisions within different chapters of the Criminal Law.For procedural design,the paper borrows from international experiences to propose varying probation periods and initiation procedures for different types of punishments and sentence durations,effectively integrating the existing sealing system for juvenile previous convictions.Regarding criminal consequences,the principle of total elimination is underscored.Accompanying measures,ranging from the adjustment of legal document design to the establishment of welfare enterprises that assist probation suspects and prosecutorial supervision,are devised to ensure the comprehensive and effective implementation of the elimination system for minor previous convictions.