A Study On The Record System Of Juvenile Criminal Records

Criminal record is an undoubtedly major obstacle in future for juveniles who have made a misdemeanor. Probably it is difficult for them to get rid of the position of discriminated and marginalized throughout their lives. Under the guidance of the criminal policy of tempering justice with mercy and the concept of punishing crimes as well as protecting human rights, our country has built up juvenile criminal record sealed system. Of course, the operation of the new system may inevitably encounter some problems. It has some weakness not only from the system design but also from the procedural practice. Facing the problem, how to deepen the development of criminal record sealed system and how to help the juvenile prisoner return to the society without any criminal records become a significant project.This thesis tries to study the theoretical basis and the relevant concept about juvenile criminal record sealed system. The writer gives some suggestions to the development of the system based on the analysis of the present system in China and experience from the foreign countries. Specifically this paper is divided into four chapters except the introduction and conclusion:The first part is about the criminal record sealed system and its related definition of basic concepts, including criminal record, conviction record, criminal record sealed and criminal record abolition. The writer mainly talks about the difference between the above concepts, explores the proper foundation of criminal record sealed. The second part is the comparative law of juvenile criminal record sealed system. Through the application of criminal sealed record and mode of criminal record abolition, we may find out some characteristics and experience. The third part has in-depth analysis of the present situation and problems of the juvenile criminal record sealed in our country; sort out the process of system establishment and the judicial practice. In the understanding and grasp of existing rules, the writer analyzes the operation problem of system, such as imperfect operating procedure, incomplete supporting mechanism and lack of ideas. The fourth part discusses the possible approaches for developing our juvenile criminal record sealed system. From the operational procedure, supervision and supporting mechanism, this article carries on the system design, that is, through the short-term measure-setting up exception during the query, ultimately we can move on to the ideal goal-criminal record abolition. By means of juvenile crime records sealed, we can explore a reasonable route of criminal record abolition. It will provide a more humane way to treat the juvenile criminals in order to protect legal rights of minors, prevent and reduce juvenile crime.