Study On The Problem Of Juvenile Criminal Record In China

Many countries in the world have special research to minor criminal record problems. However, in our country, the minor criminal punishment makes reference to the standard of adult crime at most time, and on the basis of depreciation punishment. Although this may blow the minor crime's intentions in one hand, on the other hand may also do harm to the sound growth of minors brings punishment shadows. The result may be in contradictory with the policy in our country which advocating the minors "education, save and influence". Therefore, it is necessary for us to make reform and improvement in legislative, judicial and criminal policy and system of the minor criminal record problem. Only by this way, we can make better prevention and protection to the minor crime, and it is completely fitted with the present world penalty system's developing trend completely.The text is divided into four parts, which gives an analysis about the problem of juvenile delinquency criminal record. In the first chapter, it gives overview of the juvenile criminal record, and mainly discusses the concept of criminal record, especially our academic understanding of the concept of criminal record; In addition, we must be familiar with the legal and social effects brought by the criminal record system, especially for the stimulation of juvenile offenders. The second chapter deals with the current challenges and dilemmas that the criminal record system meets with. 2011, New criminal law modified Criminal record reporting system of Article 100 of the Criminal Code of China. However, it is not enough for China to prevent juvenile crime and the protection of minors again after the new shape of self-transformation. Still we will face many challenges and dilemmas. The third chapter gives the analysis of need and urgency our country responses to the plight of a minor criminal record during the transition period of society and the rule of law. Firstly, at the legislative level, through the comparative analysis of domestic and international law, we can see the rationality of foreign legislation, and the insufficient of our law; Secondly, Through the crime label theory, then it will make analysis about the necessity and urgency of China's response to the plight of Minor criminal convictions.Lastly, From the point of the re-socialization of juvenile offenders, we analysis the importance that help minors to a better new life in the law system. The chapter four puts forward some ideas on building elimination of minor criminal record system initially. In this section, it include the specific condition setting, the concept of improving related, the complete and perfect legal, institutional co-ordination.In order to realize modesty of criminal Law on the special protection of minors, and reflect China's Criminal Law, "Leniency" of the criminal policy, the research about the problem of juvenile criminal record is particularly important and urgent, and timely to find a road suitable for China which could meet the need of combination of punishment and protection of juvenile offenders.