The Research Of The Abolition Of Crime Record

As a measure of preventing the crime and protecting the society , the system of the record of previous crime (hereinafter referred to as SRPC) played an important role in some time before, by limiting or depriving of the criminal's certain qualification and right to some extent after the punishment. However, with the improment of rights'protection, the disadvantage of the system becomes obvious day by day. The negative influence makes the pedigree-mans suffer peoples'suspicion and unfair treatment. Therefore, some countries have established the system of elimination of the record of previous crime (hereinafter referred to as SERPC) to reduce such negative effect. By eliminating crime record through legal procedures by legal institution, the pedigree-man is given more chances to back the society.Compared with other countries, there is no SERPC stated in China's criminal law. What's more, according to china's actual conditions, the construction of SERPC exits four questions, including the conflict of SERPC and the SRPC as Article 100 of the Criminal Law,the conflict of the public interests and personal privacy,the conflict of the traditional values and the ideas of SERPC,the conflict of SERPC and File system. In my opinion, the Article 100 of the Criminal Law evaluates the pedigree-mans incompletely and goes against the principal of compress and modesty. Therefore, there is necessary to construct the SERPC. I try to find the suitable ways to solve the there questions for the construction of SERPC, while drawing on the experience of the construction of SERPC of young person.The paper has 5 chapters: Chapter One—the basic theory of SERPC, including the meaning and the function of SERPC. Chapter Two—the basic contents of SERPC in foreign countries .I compare one country with others and make a l analyze about some special crimes being unfit for SERPC. The most important part of the paper is Chapter Three—I find the reasons of the four questions mentioned and solved them in terms of"one-sidedness of the SRPC","the combination of Utilitarianism and Liberalism","Crime is the result of oneself and outside","the Improvement of the household registration". Chapter Three—Based on the condition of our country, SERPC introduce the concept of temper justice with mercy by building selective elimination and establishing reasonable time,mode,content of SERPC. Chapter Five—the research of SERPC of young person. With the compare between other country and some provinces in China, I pursue an appropriate model for SERPC in China.