Elimination Of Criminal Record Of Minors

Although the criminal record system in the prevention of crime, to achieve the sameguilt has a positive effect, but the resulting series of laws and the negative impact on thecommunity should not be ignored. Records exist for a long criminal record, the juvenilecrime have long excluded from normal social life, a normal order of society in conflict.This is not only serious damage to their normal life to return to the basic social rights, andmay cause its re-embark on the road of crime, social order and stability bring great risks.In view of this, most of the world, while creating a criminal record system, all set againstthe appropriate balance to eliminate its system of criminal record, referring to juvenileoffenders criminal records through the statutory procedures to eliminate, as a person notcommitted a crime. Although there is no clear our legislation in this area, but in Februarythis year, the NPC Standing Committee adopted the "Criminal Law Amendment (h)" in,was sentenced to five years in prison for the following penalties for juvenile offenders,eliminating the a criminal record reporting obligations. This approach has been the heightof many experts and scholars agree, but also shows that China has a minor criminal recordto eliminate the system has been started.In China, although Minor criminal record not a complete elimination of theinstitutional system, but also practice has reflected the needs of society. This is the startingpoint to explore the criminal record system to eliminate some of the basic theory,especially the necessity of the system, feasibility and concrete construction process to doan in-depth elaboration. In practice, all regions have minor criminal records to carry outthe elimination of the experimental work, and have achieved good results. Because themajority of juvenile offenders subjective malignant small, little dangerousness, plasticityis also strong, and destroy the criminal record is not only conducive to the healthy growthof minors, and reflects the criminal policy of combining punishment with leniency, therule of law, civilization and progress. In short, the elimination of criminal record based on the theory, more practice andlearn the advanced experience of foreign countries, in line with China's actual situation inthe construction of a minor criminal record elimination system, with far-reachingtheoretical and practical significance, will also become an important part of judicialreform.