Research On The System Of Elimination Of Criminal Records

The system of criminal record likes a double-edge sword,using it properly is beneficial to nation and the people, otherwise, neither side gains. The aim of criminal record is to prevent crime and guard the society by limiting and depriving the criminal's qualification and right to a certain extent. However, the negative effect of criminal record is also obvious. The permanent record implies that ex-convicts will always be criminals. Therefore, they are not accpeted by the society, and consequently, they have to confront with the norm of social behavior because they have little choice otherwise. As a result, they may commit crimes again and get more severe punishment. To reduce such negative effect, some countries have established the system of elimination of the criminal record.While there is no explicit and complete system of elimination of the criminal record in China's criminal law, there is frequent statement of obligation and prohibition for ex-convict to observe in laws, judicial interpretation and administrative laws and regulations.Wartime suspension of sentence reflects the spirit of the elimination of the criminal record, but its applicable condition is very special. The existence of any legal system besides its deep political background and history, there must be theoretical foundation supported, so is the system of elimination of the criminal record. Dialectical materialism thinks, movement is a basic way of material existence, it tells us that a person who has previous conviction is the same as other materials of the world,they can change,too. The person who has ever committed crime might not be a sinner forever.Combine to the legal practice of our country, and learning experience of the previous in the foreign law, we ought to perfect the system of elimination of the criminal record as soon as possible.This article is divided into three parts. The first part: Introductions of the system of elimination of the criminal record. In the first subchapter, the conception of criminal records, the legal consequence of criminal records and the defect of criminal records are mainly introduced. And the conception of the elimination of criminal records. In the second subchapter, the author expatiates on thetheory bases from the perspective of criminology, sociology and penology. The third subchapter's mainidea is reviewing the system of elimination of criminal records from worldwide, and Whether it existed in china.The second part: The conditions and methods of elimination of the criminal record in different countries. From the perspective of comparative law, the author reviews the implemental conditions and the methods of elimination of criminal records.The third part: Complete the elimination of the criminal record in China.This part detailedly proposes the assumptions which are used to complete china's elimination of criminal records, and suggests that the public should provide a good environment for convicts to change.