Eliminate The System Of Criminal Record

According to China's current criminal law system and criminal record for the recidivist provisions of reporting obligations, we can see that the system of criminal records in some way be a positive. The difference with foreign countries as follows: The provisions of the criminal record system in foreign countries on the basis of the provisions of the criminal record also eliminate complement system, to overcome the drawbacks of the system itself criminal record, criminal record specific provisions for the elimination of the system was declared guilty and recorded in the judiciary the case of people with certain statutory requirements when it canceled his criminal record when, to restore its legal status; the existing provisions of the Criminal Law criminal record system to have no criminal record elimination system. Thus it is not conducive to the reintegration of released prisoners, but also effective in the prevention of crime, poor, but also of the criminal policy of combining punishment with leniency does not match. Elimination of Criminal Record System in the resolution of this issue is as a way to open up. In accordance with China's current national conditions, China has established a prior record of elimination system is completely unrealistic. I think, first of all try to destroy criminal records of minors light punishment in order to give full play to the penalty function of education and prevention, to achieve maximum benefit of minors the principle of special protection, so that they can better return to society. The text includes the following:The first part briefly describes the elimination of criminal record and criminal record systems. To explore the criminal record be nipped in the system to the'criminal record'should be defined. Many laws on the criminal record of the relevant regulations, such as criminal law provisions for repeat offenders, but so far no consensus on the theoretical circle. I believe that the definition of the criminal record criminal record criminal law should focus on meaning, about the concept of criminal record as a criminal law to be defined, specifically defined as the judiciary has been convicted, and freedom from criminal penalties or court convicted and sentenced to penalties and After a period of time, it is finished or pardoned, restriction or deprived of certain rights, and recorded by a special legal status. Meaning only from the point of view, is the elimination of the perpetrator eliminate criminal record criminal records, in the legal sense, implementation, as it has never been a crime, no longer subject to any criticism or negative evaluation. The second part of the elimination of foreign criminal record system analyzes relevant laws and regulations. Elimination of the criminal record of the system has not been established, and strive to build such a system must learn from foreign experience. Firstly, Russia, France, Japan, Korea and other countries, the relevant provisions of criminal record were eliminated examples, based on this analysis and then briefly summarize: from the geological condition of the crime, criminal degree conditions, time conditions, and the perpetrator elimination of the performance of the conditions of application of foreign criminal records are analyzed; on its way to destroy criminal records a summary of the classification can be divided into automatic elimination apply for eradication, elimination of such pardon.The third part is the Elimination of Criminal Record Review of the legislative overview. Elimination of the provisions of the relevant criminal record only in time of war is reflected in the probation system, which is above the prior record of talking about forgiveness than the elimination of the special one way. The Supreme People's Court in March 2009 promulgated the "People's Court Third Five-Year Reform Program mentioned and said:'To cooperate with relevant departments to establish a minor misdemeanor conditionally destroy criminal records system, clear the conditions and terms , procedures and legal consequences of ... ...'This would eliminate the early dawn of our convictions. Followed by Shandong, Texas, Yueling, Pengzhou in Sichuan, Shandong, Taiyuan, has conducted a trial on the criminal record eradication; 2010, report two high during the two sessions, the correct grasp of the criminal policy of combining punishment with leniency, while the fight against crime in accordance with the law pay more attention to resolving social conflicts. Elimination of Criminal Record embodies the criminal policy of combining punishment with leniency, but also from the respect for human nature, reflecting the level of protection of the human spirit the rights of minors, which is to establish criminal record of the enormous thrust elimination system.The fourth part discusses the Elimination of Criminal Record in the construction of barriers and their causes. The reason why China has not yet built up a criminal record elimination system, with China's national conditions are not substandard, but by thousands of years of traditions and its history: the lack of democracy and legal thinking,'labeling'idea and is still in the basic conditions of social transition, which are Elimination of Criminal Record of China established a huge obstacle.The fifth part of the criminal record is building on the feasibility and necessity of elimination. Elimination of pre-war convictions probation system in the embodiment of combining punishment with leniency the support of the criminal justice system, juvenile offenders Elimination of Criminal Record pilot, community correction are carried out in full swing each building in our criminal record shows the feasibility of eradication of the system; and criminal record Abolishment will respond more effectively to the growing problem of juvenile crime, the penalty of special prevention needs to achieve stable social order, saving the limited legal resources, is to build a criminal record eliminate the need for the system.Construction of the sixth part focuses on the Elimination of Criminal Record of specific measures. To create a situation of our country's criminal record for elimination system, first of all should be based on national conditions in order to eliminate the system of juvenile offender's criminal record criminal record elimination of the system as a pilot. Mutatis mutandis, in relation to China's current criminal probation, parole system, system, from the applicable conditions, applicable procedures, the effectiveness of three facing elimination system build criminal record. Secondly, to make the system truly reflects the elimination of criminal record value, but also all aspects of society work together to establish and improve the prison in our country who should protect the system and to update the social ideas and step up publicity in the guide the whole society on the offender's re- re-socialization of knowledge, they should advocate for them to participate in the resettlement of released prisoners in the past. In community building and grassroots management, give full play to the role of community education, the implementation of resettlement assistance and education measures. Community education will not only improve the quality of all social workers, of Released Prisoners also have full impact, as the released prisoners to create a favorable external environment, and guide the released prisoners back to the right path, do law-abiding citizens.