On The Construction Of The System Of Elimination Of Juvenile Delinquency In China

Law is the result of the progress of human’s civilization and intelligence. With society developing all the time,law is changing more or less to cater for the need of production development which differs every day. After the policy of reform and opening-up,in order to raise socialist market economy with Chinese character,laws and regulations which match market economy has been making long-profit progress all the time. People are marveled at the rapid appearance of many factors which affect market economy on the condition of the fast-growing economy. Humans’awareness on rights,freedom and equality are fostered by the time. Some laws and regulations concerned to modern thoughts are shown in front of us unavoidably. The No.275 item in the new Criminal Procedure Law which is improved after 2012has established the sealed system. Judging from the target of the institution, which means to limit publication of criminal records. From the sealed system itself, although common people cannot reach minors’ criminal records,it can be checked by so-called ’related constitutions’ when ’needed’. This certainly reduce the stringency of the sealed record and weaken the protection to clients. Although the existence of criminal record can warn them in some ways,to those pure young teenagers,it will not only make them discriminated,disastrous results can be brought as well.Although elimination system of minors’criminal records have not been set up in the form of law,the appeal for the establishment is rising in recent years. During the two sessions in 2010,some representatives advised to set up ’elimination system for minors’criminal records and project for it. During the practice,it is put into reality in many places. These explorations and practices not only accumulate experiences for establishing elimination system of minors’criminal records,but also ask for pressing requirements for related systems. In our criminal Laws, leave a space for elimination system of minors’ criminal record is a necessity for social progress and law development.Except for introductions and endings,this essay is divided into five parts. Part one:Summary of the elimination system of the minors’ criminal records, focusing on distinguishing among the minors’ criminal records, the elimination of the minors’ criminal records and elimination system of the minors’ criminal records to make preparations for the following.Part two:Study on the elimination system of the minors’ criminal records overseas.comment on the concrete mode of elimination system of foreign countries in the ways of compare and analysis from common situations, Russia and Germany in particular, which provides us with reference to set up our unique system. Necessity of construction on the elimination system for the minor’s criminal record. Based on tag theory, analyze the unavoidable influence of tag theory for the minors* by listing facts. Considering both minors’natural needs and the requirements of criminal policy based on forgiveness and strict,discuss and emphasize necessity of construction on the elimination system for the minor’s criminal record.Part four feasibility of construction on the elimination system for the minor’s criminal record. This part is consists of three parts. We begin from our principle of ’respect the old and care for the young.’Find out cultural circumstances for the elimination system for the minor’s criminal record suitable for us in theory Secondly,carefully analyze limits for the elimination system for the minor’s criminal record. These limits are just against requirements for protecting minors’most benefits regulated in the international items. Finally,combining experimental spots for sealed system for minors’less serious criminal record in some provinces in China,which further indicate that condition for establish the elimination system for the minor’s criminal record is mature.Part five:specific thought on the elimination system for the minor’s. Clear the target、 set up inspectors’ main function、rule reasonable length of inspecting period、choose fitful elimination system and concrete procedure,clear law effect after elimination, and some supplementary advice.the four issues are involved in the construction of the elimination system, which fit us.