Research In System Of Elimination Of The Record Of Previous Crime (SERPC)

The regulations about the institution of previous crime have been established in every nation's Criminal Law, the system of the record of previous crime (SRPC) are stated in the Article 100 of China's Criminal Law, and there are explicit regulations about SRPC in China's Archives Law, therefore, SPRC are existed in our country. In foreign countries, the system of elimination of the record of previous crime (SERPC) was stated while they stipulated SRPC in order to restrict the legally social influence which SRPC bring to them, that's the difference between our country with foreign countries. The SERPC is a system which eliminates the previous crime disadvantageous to ex-convict by legal regulations and procedures. The actuality of our country is existing SRPC and without SERPC, it's disadvantageous for pedigree-man not only to back the society, but also prevent them commit a crime again, and the successive effects of previous crime, such as the effects of Criminal Law, regulations of Administrative and Civil Law, have already been a bottle-neck for effectively prevent the recommitment as well, therefore, it is a developmental direction and a historical inevitable succession to establish SERPC.The paper has four chapters: Chapter one- I discriminate the characters and theories of previous crime in our country, and I introduce the actuality of lifelong previous crime. I elicit the SERPC by expounding the effects of SRPC based on some examples. Chapter two- I introduce some legislative foundation and advanced legislation in foreign countries so that we can learn from foreign countries. Chapter three- the main body of the paper, I analyze reasonableness of SERPC from different standpoint and profundity so that we can construct SERPC in policy. Chapter four- I set forth SERPC of young person to construct SERPC with Chinese characteristics.