Research On The Elimination Of Criminal Record System

Elimination of Criminal Record system is an advanced criminal system, which is helpful for restricting criminal record effect and encouraging criminals return to society, and has a place in the penal systems of modern countries. Observing our country's legal system, there are many clauses about criminal records without control mechanism, which bring a serious blow to the initiative of criminals to turn over a new leaf. Therefore, it is necessary to establish the Abolishment of Criminal Record to reduce such negative effect in China. Under this background, I study this topic on the basis of the legislation work and theories of foreign countries and China, combined with the actual situation in our country. This paper has there chapters.Chapter One: the overview of the Elimination of Criminal Record.In this chapter I make a comparative study of the Elimination of Criminal Record in the laws and theories of foreign countries. By comparison, I comprehend the essence, nature, legal consequences, scope, and conditions of the Elimination of Criminal Record clearly.Chapter Two: the foundation for establish the Elimination of Criminal Record.In this chapter I explore the basis for establish the Elimination of Criminal Record from the humanity, philosophy of law and criminal jurisprudence.Chapter Three: the establishment of Elimination of Criminal Record in China.Through the analysis of the overview and foundation of the Elimination of Criminal Record, I believe that the criminal record system is a scientific criminal justice system. Then based on the domestic, I had thought the fate of elimination of the criminal record in China. In this section, I analyze the negative effect of the criminal record, and hence reveal that the establishment of an elimination of the criminal record is necessary and feasible. I put forward a plan for establishing this system in China including legislation, judicial assistance, executive action and social support for ensuring that the result will be satisfactory.In short,The purpose of this paper is not to repudiate on the criminal record retention totally, but to give a suggestion that we should have a scientific control mechanism to restrict criminal record effect.