The Study Of The Criminal Record Erasion System Of Minors In China Under Harmony Society

The criminal record system is one of the important rules in the criminal punishment that is active to the crimes precaution and the social safety but the"log effect"would seriously handicap the re-society proceed of the prisoners obviously. After acknowledge of the disadvantages of this system, the criminal record erasion system generated. This system that erase the criminal records according to the legal conditions of the recorders to encourage the prisoners to make the new beginning and back to the society plays the important role in the checks and balance for the negative effects.The minor's punishment's target is to educate the juniors, correct the mistakes and help their growing. Comparing with the adult prisoners, the minors have their own characteristics that are the maturing minds, the shaping ideas that are to trigger to the road of crimes. In the west, the long range of the practices demonstrated that the criminal record erasion would be helpful to break the log effect and back into the society smoothly, which is capable for the justice and humble values of the criminal law and the principle of the"most interests of the children"in the minors'punishment.With the proceeding of the Amend 8th of Criminal Law, the criminal record erasion system is established in China but it is too weak to show the system's value fully comparing with the developed and accomplished systems in other countries. So we should take the advanced legislation experience in western countries based over the national situation to reach the more technical, standard and systematical design of the system.The whole text is divided into five parts that account for 20 thousand words.Part one is about the value analysis of the criminal record erasion system of the minors. The author partly discussed the concept of the criminal records, the legal consequents and the active and negative aspects behind the system, which could introduce the concepts and the results of the criminal records erasion system and the meanings to the minors.Part two is the necessity and possibility of the establishment of the criminal records erasion system. In this part, the author demonstrated the necessity of the system from the developing trend of the international minors'criminal punishment and the conditions of the Chinese minor crimes then the possibility of the system based over the legal system, the judicial practices and the real situation in China.Part three is the dilemmas of the criminal records erasion system. In this part, the author gives the analysis of the current situation about the system, which is leaking of the independence of the criminal procedure as the background and the puzzles of the moving of the system and analyzed the major problems existing in the legislation in China.Part four is the legislated exams of the foreign criminal record erasion systems. As the German, United States, Russia and Japan's rules, the comparison is made in this part.Part five is the imagination of the criminal records erasion system of the minors in China. In this part, the author put forward the promoting suggestion of independence criminal procedure of the minors and the guarantee of the legal system then the designs for the criminal records erasion system of the minors in China.