Research On The Systemaltization Of Criminal Record System In China

In China,the construction of a systematic criminal record system should at first justify the criminal record system theoretically.Justice theory,utilitarianism,label theory and shame theory can all provide theoretical resources for the legitimacy of criminal record system.In general,the construction of criminal records in China needs to be carried out from both theoretical and practical levels.From the theoretical level,China's criminal record system presents unsystematic and closed characteristics.In the future,to construct China's criminal record system,it is necessary to change the closed way of its operation,which needs to theoretically clarify the basic measures system of it.To be specific,it is necessary to construct the system of criminal information registration,the system of criminals' information disclosure,the mechanism of criminal information inquiry and the system of eliminating criminal record,also to optimize the system of sealing juvenile criminal record,and to determine the subject responsibility for violating the rules of criminal record system.From the practical level,the construction of criminal record system needs to address well the relationship between the inside and the outside of the criminal justice system.This requires that,on the one hand,the system design of the criminal record system itself must be improved,the scope of sealing-forbidden criminal record in it must be clear,and at the same time,the obligation period of reporting criminal records must be reasonably set;on the other hand,it is necessary to improve the cohesive design between the criminal record system and other social systems,including the cohesive designs between the criminal record system and the system of previous crime record,the illegal record system,and the social credit system.