On The Record System Of Juvenile Criminal Records In China From Li Tian 's

Juvenile delinquency records archive system is mainly based on the set of minorsgrowth characteristics, is the group a special protection system. The system mainlythrough the forgiveness of minors criminal record for special treatment, to create agood social environment for them, prompting them to return to society and healthygrowth.2012amendments to the Criminal Procedure Law of China’s first establishedjuvenile delinquency records archive system, which indicates that China is a majorbreakthrough in the development of juvenile justice, but also the country withinternational standards, to implement international conventions and domestic law tomake adjustments.More recently, from the media coverage of specific Tian ’s case, we can see thatthe protection of minors our existing laws and regulations are not perfect, so thatminors just established our system of criminal records sealed when not up to thelegislator to establish expectations, do not adequately protect the rights of minorsinvolved, not eliminate crime affected "tab effect". In order to improve the system,give full play to its unique protection and correction function, this paper analyzesChina’s legislative, visit extraterritorial advanced experience, on this basis, and striveto improve our juvenile criminal record sealed system make recommendationsaccordingly.Article structure of this paper is divided into four parts.The first chapter is a minor criminal record sealed system overview. This sectionis mainly related to minor criminal record sealed systems theory elaborated. First,in-depth discussion of the meaning of a minor criminal record sealed system, thenexplore and discuss the value of the system established by the regime.The second chapter of legislation for foreign minors revelation criminal recordsealed system. Discusses the inspiration for the specific requirements of each countryand the international system brings to China.The third chapter is Tian ’s case reflects the lack of juvenile criminal recordsealed system. The first part of the ins and outs of a case of Tian made a briefintroduction. Tian followed by a detailed analysis of the case, reflecting theimplementation issues of minors facing criminal record sealed system, including thesystem of conflict with existing relevant laws, regulations and administrative regulations, etc.; scope of application of the system over narrow; main responsibilityof the new code of criminal procedure system is not specified; complex personnelinvolved sequestration conditions are not clear; records management processproblems and archiving program too principle, does not have the maneuverabilityinadequate.The fourth chapter is a minor criminal record perfect idea archive system.Discusses the obstacles to clear conflicts of law; expand the scope of the object;establish a separate docket file records management system; establish rules excludeapplicable criminal records archive system; improve juvenile delinquency recordsarchive system procedures and ways.