Elimination Of Criminal Record

The system of the record of previous crime (hereinafter referred to as SRPC) hasbeen effective to some extent in preventing people, including ex-convicts, fromcommitting crime. That said, the negative effect of SRPC is also obvious. Thepermanent record implies that ex-convicts will always be criminals. Therefore theyare not accepted by the society and, consequently, they have to confront with thenorm of social behavior because they have little choice otherwise. As a result, theymay commit crimes again and get more severe punishment than non-ex-convict.When they are back to the society, they feel humiliated and their rights are ofteninfringed in social life. This will ultimately have negative effect on the stability ofthe society. To reduce such negative effect, some countries have established thesystem of elimination of the record of previous crime(hereinafter referred to asSERPC).While there is no explicit and complete SRPC stated in China's criminal law, thereis frequent statement of obligation and prohibition for ex-convict to observe inlaws, judicial interpretation and administrative laws and regulations. Article 100 ofthe Criminal Law is a typical example of the SRPC with Chinese characteristics.The negative effect of SRPC can be widely seen in the social life in China, whichmakes it difficult for ex-convict to return to normal social life. Therefore it isimportant not only to study the theories of SRPC and SERPC, but also learn thesystem from foreign countries so that we can establish a proper system of our own.This should be am urgent task required by social reality as well as theory.This paper is based a comparative study of the legislation work and theories ofSRPC and SERPC of foreign countries and China. In the paper I aim to preciselydefine the concept of previous crime, its inner meaning and extension. By studyingthe negative effect on ex-convict, the paper exposes the weakness of SRPC and thedilemma it is facing: in theory it intends to prevent the crimes while in reality itresults in many ex-convict's committing crime again. I attempt to find out the basisfor establishing a SERPC in the social reality as well as in philosophy, criminology, psychology, legal philosophy, sociology and the theory of punishment. I alsoexplore the necessity and feasibility to set up an SERPC in China. I draft a plan forlegislative work leading to the establishment of a SERPC on a realistic and gradualbasis in China. The drafted SERPC has also taken the protection of the underageinto consideration.The paper has 4 chapters:Chapter One: the premise of SRPC.In this chapter I make a comparative study of the concept of previous crime asstated in the laws of foreign countries and China. On the basis of the theory ofsocial defense and of the individualization of punishment, I analyze reasonablenessof SRPC. I also comment on China's flawed SRPC with a discussion on thecriminal and non-criminal legal results of SRPC.Chapter Two: the basic contents of SERPC in foreign countries.I study the regulations concerning SERPC in foreign countries and analyze thedifferent understanding of the concept of elimination of the record of previouscrime among scholars. I re-define the concept taking into account the condition ofSERPC.Chapter Three: The foundation for establishing a SERPC.I explore the basis for establishing a SERPC from philosophy, criminology,psychology, legal philosophy, sociology and the theory of punishment. I analyzethe negative effect of the SRPC, and hence reveal that the establishment of anSERPC has foundation in reality..Chapter Four: The establishment of SERPC in China.I explain the importance of SERPC in crime prevention. When I have analyzed theneed for establishing SERPC in China, I also study how the traditional Chineseculture and social reality can hinder the introduction of the SERPC. I put forward aplan for establishing SERPC in China including regulations conceming SERPC and the use of relevant measures for ensuring that the result will be satisfactory. Ialso emphasize the necessity and feasibility for offering special protection onjuvenile delinquent. I make a comparative study on the SERPC as applied tojuvenile delinquents in foreign countries and design a SERPC to suit the underagein China.