Criminal Records Destroy The System

The aim of crime record is to anticrime and guard the society by limiting and depriving of the criminal's certain qualification and right to some extent after the punishment. The system of crime record has certain positive role, yet it will bring a series of composing legally social negative influence to the ex-convicts in reply, requiring that abolishing crime record to restricts this effect. Therefore, we need adopt the abolition of crime record to limit the influence. By eliminating crime record through legal procedures by legal institution, the pedigree-man is given more chances to back the society. Unlike the abolition of crime record system, rehabilitation generally applies to the criminals who lose some rights by penalty of deprivation of qualification, and it exterminates the penalties which have not been executed. While the abolition of crime record puts the blame on adverse effect led to by penalty in front of the applicability wiping out system much broader, what it wipes out is the influence caused by former penalty.Connotation of the abolition of crime record system conforms to the rules of ever-development and the negation of negation, it also affirms the effort of remould of the criminal. The system accords with the justice idea of law, equal principle and the theory of moderate control, and it is one of the most important legal methods to keep the society always going smoothly. It reflects society tolerant spirit to most extent, the function of human rights protection, and demands of the modernization of criminal law. To study the reasons of crime, the abolition of crime record system makes the criminal bear appropriate responsibility for his fault. In the view of the theory of label, the way which works is to take off the label at an opportune moment. The retribution theory of punishment believes that the criminal law should adapt to the danger of the crime. The purpose theory of punishment acclaims that the purpose of penalty is to prevent the criminal committing a crime again, and abolishing crime record can achieve the goal by providing better conditions. Condition and way wiping out the rationality there existing in system already what accepted, and died out in respective criminal law to crime record by most countries and areas in the world have done criminal record out detailed regulation.Chinese criminal law currently in effect does not make the system stipulating criminal record clear, but corporal punishment the 100th stipulates that having caused disadvantageous effects on regular social life of person with past convictions person return on the objective about criminal record is advisory. To resolve this problem, we ought to introduce the abolition of crime record system as soon as possible by tying in wedlock in the homeland reality on consulting abroad basis about regulation. When design it, we should consider the nature of a crime, the period after the punishment, etc. The court declares abolishing the crime record or not according to the ex-convicts' behavior after their application. As for minor offenders, they are less dangerous while easier to modify, so we should give them more protection by making the crime record invalid automatically and shortening the period while the record exists.