| According to discussing relevant provisions of mayor countries'systems of criminal record and systems of abolition of crime record, the paper proposes the author's concepts of system of criminal record and system of abolition of crime record. Criminal record is a special legal status that an accused is pronounced guilty by national judicial organizations. The abolition of crime is a system that the legal organizations cancel the guilty declaration and criminal records of a man who has been pronounced guilty directly or when he or relevant people file a request. That is to say the legal facts that the man has been pronounced guilty or has been pronounced guilty and imposed a punishment do no longer exist. The man would be treated without criminal record and become zero criminal record.On the base of above-mentioned the author talks about the system of criminal record in China and problems. In modern China the system of abolition of criminal record has not been set up, to the opposite, the systems of criminal record report and discrimination have been set up in the areas of criminal, civil and administration. Once a man commits a crime, it would be his lifelong stigma. That the system of abolition of criminal record hasn't been set up is for several reasons. On one hand, more than two thousands years'thoughts of feudal autocracy suppresses the soil of democracy and the rule of law which the system of abolition of criminal record live in. The system of abolition of criminal record has not been set up because of the system of the weak foundation democracy and the rule of law. On the other hand, the residues of tag ideas penalty of feudal society and the objection of people who are under the influence of aforementioned ideas make the real found of abolition of criminal record face resistance.Though there is resistance, there are more advantages and conditions to set up the system of abolition of criminal record. The author sets out the human foundation, philosophical basis and social basis. At the same time, the found of the system of abolition of criminal record conforms to"the Width Strict Aids Policy"and the principle of lighter penalty. And it is also be advantageous to the achievement of the function of penalty. Besides it is the need to fulfill international obligation and response judicial practice. The found of the system of abolition of criminal record adapts to the needs of implementing the"Scientific Concept of Development", building the"Harmonious Society"and developing"Socialist Market Economy".Because of so many advantageous conditions the author puts forward the system of abolition of criminal record and its specific content of China. First, in the terms of use of the system of abolition of criminal record eliminates habitual criminal, the crime of espionage and sedition, crime of death penalty and the crime of life imprisonment. The criminal who is sentenced to detention, imprisonment with a reprieve and life imprisonment or the death penalty with a two-year reprieve changing to imprisonment applies to the auto-abolition of criminal record. The criminal who is sentenced to detention, imprisonment and was sentenced to life imprisonment or the death penalty through the reduction of sentence suspended for two years instead of execution of criminals in prison fit to the judgment of abolition of criminal records. Criminal Record referee eliminate specific time limits are: criminal sentenced to criminal detention, and after the execution of punishment after 3 months; was sentenced to three years imprisonment, the penalty after six months after implementation; was sentenced to 3 years to 10 years in prison , the penalty after 1 year after implementation; was sentenced to 10 years imprisonment, and After completion of the penalty after 3 years; was sentenced to life imprisonment or the death penalty through the reduction of sentence suspended for two years instead of imprisonment, the penalty after 5 years after implementation. For the same time meet the criminal record and criminal record automatically eliminate the conditions of the previous ruling eliminate those determined directly in accordance with the elimination of the implementation of criminal record.In addition, criminal record and referee eliminate the time limit for the specific processes: application→application to the trial court judge accepted (date received)→the trial judge to investigate and submit the appraisal report (20 days after completion of the investigation and submit a report)→Report of the Trial Committee (3 days after receiving the report, consider)→report published after passing by the trial judge ruled that the result (after passing by the Judicial Committee within 3 days)→served on the applicant and the relevant departments (3 business days).Once the rule of the abolition of criminal record is serviced, the criminal record would be abolished, specifically as follows: First, crime and penalty record would be canceled, the perpetrators also be deemed in law as those who have not committed a crime and the personnel files would not keep the records. Second, the perpetrators no longer need to fulfill obligation of criminal record reporting of 101 provision of Chinese Criminal Law, which have been subject to criminal penalties according to the law which the man with criminal record need not to report their own criminal penalties in recruitment and employment to the units. Third, the adverse consequences causing by the criminal records would vanish, do not constitute recidivism and repeat offense. In determining the sentence, the fact of conviction and sentence would be no longer considered as a sentence circumstances. Fourth, civil and administrative adverse consequences causing by criminal record vanish. It is to say that the rights of people with abolition of criminal record would be recovered as common people. Fifth, any enterprises, institutions, organizations or individuals mustn't discriminate the people in their enlistment, employment, education, public office and other discriminatory treatment for the reason of criminal record. The criminal penalties is no longer credited to the household registration and the personnel files, looking as no illegality and crime. And return to the previous legal status, in the particular field of professional education, employment and other civil, administrative, criminal and other various fields, and get the same protection and social life of the law without discrimination evaluation as other citizens.China's system of abolition of criminal record's establishment and improvement should be completed step by step and from juvenile crime gradually extending to the field of adult crime. The provisions should be from judicial interpretation, administrative interpretation gradually to criminal, civil and other specific provisions of the law and eventually rise to the Constitution, making it the clear provisions of the Constitution. In addition, we should enhance the propaganda of the system of abolition of criminal record through various forms, making the propaganda go into the daily life of people and make people accept the system of abolition of criminal record imperceptibly and gradually and understand the system of abolition of criminal record's vanguard nature and humanity. We should fully making use of the power of public opinion and correctly guiding public opinion through the mass of thinking eliminate discrimination against offenders, change the discrimination of psychology to the criminals, create a good basis of public and social foundations to the establishment and implementation of the system of abolition of criminal record...
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