A Study On The Record System Of Juvenile Criminal Records In China

The juvenile criminal record storage system is built up on the characteristics of minors’ growth, aiming at protecting the special group of minors. The implementation of the system has an important value in our country that criminal records sealed system conforms to China’s juvenile criminal policy and it removes the crime label pasted in the minor body. It is the embodiment of the justice of law and the interface between the minor misdemeanor exempt from reporting system and the need for relevant legal provisions. Judicial practice explores our experience and the law and it is the minimum standards for juvenile justice criteria. Through the analysis of Li Mou case, we can see that the current China’s criminal record storage system has many problems, for example, the scope of application is very narrow and the application condition is not scientific. Besides, the procedures of application has many problems as the legal effect is limited, exceptional cases has been extended, and the matching program is in the state of loss. We need to take corresponding provisions on the basis of protection of rights、the balance of interests and coordination and control principle at the procedure and the entity. We can clear the juvenile offenders’ obstacles of returning to school、entering a school or getting a job through the improvement of these systems in the future. Only in this way can we tear off the crime label attached to them and minor offenders can return to society smoothly to have a good life. In addition, the relationship between criminal record and conviction record is just like the relationship between form and content, the premise and result. The criminal records sealed have a relativity legal effect compare to the elimination t of conviction record sealed. The elimination t of conviction record is the development direction of criminal record sealed. China should follow stepwise elimination system development on current situation.