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Study On Abolishment Of Criminal Record

Posted on:2007-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HuangFull Text:PDF
GTID:2166360185457476Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There are many different definitions of criminal record. We must make the definition according to the criminal law. So, criminal record refers to these facts that someone has been proclaimed crime or has been sentenced. Somebody has been declared guilty, he also has the criminal record. Criminal record influences the person who has the criminal record in many aspects. In the first place, criminal record has the legal influence. Criminal record is a factor made up to recidivism. In the second place, criminal record brings much difficulty for the people who have the criminal record in reality and in their hearts. There are no norms of abolishment of criminal record in our country's criminal law. But in other countries'criminal laws, there are much norms of abolishment of criminal record. They also have much similarity. First one is abolishment of criminal record applies to these people who has been sentenced or has been released after serving the full term of a sentenced. Second one is abolishment of criminal record has been applied after a period. Third one is abolishment of criminal record applied to the people according to their express in the period.There are several basis of criminal record. First one is philosophical basis. Second one criminology basis. Third one is psychological basis. The last one is jurisprudence basis. According to the philosophy, every object is in mobile. They have the different changes. So, we should give the people who have criminal record chance to reconcile themselves to the new situation after serving the full term of a sentence. According to the criminology, anthropological factor and natural fact, social factor lead to the criminal. In...
Keywords/Search Tags:Abolishment
PDF Full Text Request
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