The Analysis On System Of Elimination Of The Record Of Minor Previous Crime

System of elimination of the record of minor previous crime(hereinafter referred to as SERMPC) as an Exotic Elimination System, the artificial construct of the legal system, public opinion and legal values suffered the double test.China's legal system the system relating to criminal record includes convictions and criminal record reporting system protection system, the former requires "the person subjected to criminal punishment according to law, in the recruitment,employment, it shall truthfully report to the relevant units of criminal punishment they had received, and may not conceal . "which requires" discharged from custody, the minor sentences back to school, education, employment without discrimination. "This provision seems there is nothing wrong behind, there are many problems. The first, why the criminal record system in the reporting system does not distinguish between adult offenders and juvenile prisoners. Second, the state espouses a criminal record on special protection of minors, why not respect the provisions for further refinement, why they return to school, discrimination in employment and other aspects of the phenomenon , but found no the legal basis be held accountable. Problems so that our sights abroad has matured, the domestic part of the provinces and cities to implement grass-roots courts have SERMPC, but the exotic of China issues worthy of further thought, including the problem of building the legitimacy of the system , how to build and so on. This article is from the perspective has, in the comparative analysis of domestic and international system, its essence, to its part does not meet the conditions of our country, and on this basis, the system proposed SERMPC of the substantive law and procedural law, the legislative recommendations.