On The System Of Elimination Of Previous Conviction

The elimination of previous conviction system may be defined as a kind of criminal system that was referred once one received the court guilty announcement or was sentenced to be a guilty person, when conformed to the legal conditions, the country expunges the previous convictions for him, thus causes the unfavorable state to vanish, restores his normal legal status. The legal nature of elimination of previous conviction should not position on the elimination of criminal liability or Penalty sustained effect, instead, it ought to position on the elimination of crime sustained effect. From the perspective of normative analysis, specific object, legal conditions as well as strict procedure in applying are the characteristics of elimination of previous conviction.But if we approach it from a substantive angle, we may find that the system of elimination of previous conviction is full of interests compromise, value tendentiousness as well as nimble operation. Nobody, needless to say, can deny the fact that this system may exert positive influence to the criminals, the society, the whole country. for the criminals, the elimination of previous conviction system are quite necessary to move them for renewal, encouraging them to live a law-abiding life, adapting them to the surroundings. As for the society, this system are a must to keep the society order in movable balance, to protect the society security from being endangerd, and call the general public for sympathy. As far as the country is concerned, to eliminate the previous conviction are also beneficial to show the country's generosity towards the criminals, and guard the whole regime at large. Besides, this system's content should contains three parts which include abolishment of criminal record, restriction in criminal record be public, and Rehabilitation. It is not necessary to exert too much restrictions in elimination of previous conviction from three aspects, such as Crime nature, penalty, object, etc. but it doesn't mean that we cann't establish different applicable approaches for the elimination of previous conviction. In fact, different applicable approaches for elimination of previous conviction are good for fully display the maximum work effect in the aspect of criminal policy. Moveover, this system mainly contains three basic kinds of styles to eliminate the previous conviction, that is, legal elimination of previous conviction, judicial elimination of previous conviction, and remit to eliminate the previous conviction, each kind of elimination of the previous conviction must strictly follow the given procedure in legislation when being operated. Only by doing so, can the previous conviction be eliminated offcially. The existence of elimination of previous conviction system has a solid theoretical foundation. Considering from the human nature dimension, to eliminate the previous conviction is the natural result of unification of variability and developed tendency, as well as concrete and social disposition of human nature. Carefully examining with the philosophic judgment, the dialectical materialism, the materialistic dialectics, the historical materialism all give support to this system. Coming the contemplation by the legal principle theory of law standpoint, the elimination of previous conviction is righteous with fairness and utility. Engaging in trospection by the angle of punishment principle, retribution and prevention also provide rational strut for elimination of previous conviction.Our country introduces the elimination of previous conviction system not only have the necessity, but also is full of rich realistic feasibility. To construct the system of elimination of previous conviction with Chinese characteristics is an item of extremely complex systematic engineering, from setting up to display potency, it need much support of specific environment and conditions as well as supplementary systems. Apart from the construction in legislation, the elimination of previous conviction system fall back on the judicial safeguard, the administrative support, the cultural strut, as well as social joint effort at all levels.