Crime And Punishment - Of Minors Criminal Record Eradication Research

Since 1984, People's Court of Changning District in Shanghai has created the first juvenile court, it indicates that there is a real "juvenile justice" inland of China and it also means that the juvenile justice system had emerged in first in China. Reform and opening up for three decades, scholars conducted a great deal of theoretical research and practical exploration of justice to the juvenile justice system, especially during the past decade, we had learnt foreign advanced legal thinking base on juvenile, China has actively tried and strived to explore for the judicial practice by the elimination problems of minor criminal record, and accumulated a great of judicial experience. February 25th in 2011, with promulgation and implementation of The "Criminal Law Amendment (8)" , section 19 says that "a crime was under eighteen years, who was sentenced less than five years in prison, eliminating the reporting obligations of the preceding paragraph ", so it made criminal record solid reporting obligations in the root habitat has some minor offenders who have been shaken and relax during past decades in China, it reflected the policy of combining punishment with leniency of criminal justice to life protection of the rights of young offenders. However, because reporting obligations of criminal record remained, social labeling theory made causes many obstacles for minor offenders returning to society and achieving further successfully, exemption of reporting obligations of criminal record is not equal or to instead of the elimination of criminal record, the fundamental solution is to create system of minor criminal records. In this essay, "Criminal Law Amendment (8)" section 19 as the starting point, it had in-depth analysis and discussion to young criminal record reporting system and elimination system, I hope that my own plain judicial practice can provide value of the reference to the construction of Minor criminal record reporting obligations system of minor criminal record. Basic structure of this essay is as follows:The introduction of this article is to the significance of choosing topics, making a simple introduction to research methods and literature review. Currently, all researches in theorists focused on reporting obligations of minor criminal record and construction of elimination of criminal record, because of the introduction of our latest amendment to the Criminal Code, it gave us proposed a new theory and practice problems to minor criminal record report problems, it also provides some legal basis for construction of elimination system of the criminal records. This study has a certain amount of theoretical and practical significance to essay.The first part; China still remains reporting system of the criminal record and social labeling theory to affect the whole process of minor offender's re-socialization, combined minor criminal justice policy on the "Criminal Law Amendment (8)" section 19 to give a brief assessment.The second part, it based on the analysis of minor crime and punishment, it focused on a great analysis of dispute which is the elimination problem of minor criminal record from the subject of crime, criminal justice policy, practice and theories, and so on. Then making this point: minor criminal record should be eliminated.The third part, it gave revelations through the elimination of domestic and international issues and dynamic development of minor criminal record, again, with "Criminal Law Amendment (8)" the relevant provisions of section 19, a minor criminal record is not only necessary to eliminate, and also it has the practical feasibility, the same time, it starts to discuss theoretical foundation and difficult for the construction of elimination system of minor criminal records.