The Study On Minor Misdemeanor Record Elimination System

After the verdict by the judiciary, Minor offender's crime record such as previous guilty judge, guilty court verdict, indictment will never turn into their personnel archives any more. It will be sealed up for safekeeping in the administration of justice. Anybody can't divulge the record without permission .when be equipped with statutory condition,minor offender's crime record would exterminate.The paper through contrast the criminal record system's concept and the disadvantageous consequence, it emphasizes on elaborating the system of minormisdemeanor record elimination connotation and the legal consequences, and then distinguish overseas rehabilitation rights system from minor misdemeanor record elimination. clear and definite the minor misdemeanor record elimination system's true connotation; Then elaborated the minor misdemeanor record elimination system's rationale. Through carry on the penalty study, the psychology, the criminology's each angle analysis, providing the theory support, and meanwhile laid a solid foundation. This system consistent with emphasis on post-industrial society and moral, to promote tolerance development needs of the times. After having analyzed the reason of establishing the minor misdemeanor record elimination system's realistic necessity, combine with the systems which cooperate with minor misdemeanor record elimination such as monitoring system performance evaluation after the crime,files and the household registration system,cognitive and placement assistance and education programs.Put forward a specific program design such as apply-assessment-trial-supervise.As a exploring judicial practice, the system of minor misdemeanor record elimination obtain well social effects since implement. Its building and implement become an important measure, which protecting minor's growing up in the criminal domain. It is the major content of implement the policy of combining punishment with leniency of criminal justice by people's court. It's also the important matter of proceeding a new round of judicial reform.