On The Annihilation Of The Criminal Record

Annihilation of punishment is a problem that we encounter in criminal law theory and practice from time to time. Its purpose is to protect criminal's legitimate rights and interests of crime from arbitrary interference of the state power. Today, with the construction at the law and human rights more and more sophisticated, this part of the sentence in the theory and practice becomes a more and more important role. Among them, the system of the annihilation of criminal penalties is essential to the theoretical system of annihilation of punishment, at the same time, studies on it are relatively weak.China's criminal law is stipulated in Article 100 of the record report (theoretical description) system, it can be said the core of our record system embodies. At the same time, some civil and administrative laws and regulations also provide for many provisions about restricting and depriving the right and qualifications. It is undeniable that the record system can prevent crime again and protect the society. But it causes a negative impact should not be turn a blind eye to.This article regards the aforementioned words as a starting point. Firstly, the author redefines the concept of the record and eradication of criminal record, and improves the concept in the traditional criminal law and suggests a new interpretation. Then the author discusses its impact on criminals, and analyzes the similar concepts. Secondly, the author shows the problems of the elimination of record encountered in our country and exploits the deep-seated reasons for that; then the author analyzes that the elimination of the system of records' theoretical basis and the reality basis. Finally, the author conceives how to write the eradication of the system of record into our law to improve the legislation on the elimination of the system in our country.In this paper, the creation of the new system is not only necessary to give full proof in the theory but to ensure that it really functions in the administration of justice, so, this paper uses both theoretical research methods - a comparative analysis of studies, empirical analysis. At the same time, there is method theory with practice and research.The text has four parts, about 35,000 words.Partâ… : An overview of the eradication of criminal record and criminal record. In this section, firstly, the writer discusses and explores the concept of criminal record. The writer investigates the results of domestic and abroad research and comparison, and puts forward the concept of the record, on the basis of an analysis of the consequences of criminal record, including legal consequences and non-legal consequences. And the writer studies the abroad theory about elimination of record, then puts forward the concept of annihilation of record basing on the re-defined the concept of connotation and extension. And the writer discriminates the complex relationship between the system of annihilation of record and the system of repristination. Although the two systems belong to the system of elimination of penalties, but there are more differences between them.Partâ…¡: The problems the eradication of the system of record faces to in our country and the reasons. In this part, in addition to the studies of legislative conditions of elimination of record in our country, reasons are considered in depth primarily. Our country has not yet to write the elimination of record into law, which is a major shortcoming of the Criminal Code. The causes are, I think, not only the traditional idea, but the guiding ideology of the modern legislative, which hinder the establishment of the system in our country.Partâ…¢: Thoughts about the establishment of the system in our country. In this part, the author has the independent thinking of the basis of the existence of the eradication of record from philosophy, jurisprudence, criminology, criminal psychology and criminal policies, excavates the potential charm of the theory and immense practical significance, and tries to provide adequate theoretical basis for the establishment of the system of elimination of record.Partâ…£: Conceiving how to establish the system of annihilation of record under the backdrop of harmonious society. In this section, first of all, the writer specify some practice of examples of the administration of justice took place on the eradication of record in our country, which leads to the subject that we should write the system into law. Because the minor crime - regardless of their criminal psychology, criminal reasons, the result of crime or their understanding of the significance of the transformation after the crime - has its unique characteristics, needs to be treated individually.