Eradication Of Minors Criminal Record System,

Criminal record is the fact that criminals are convicted by judicial authority or sentenced to criminal penalty. It is a kind of negative evaluation from the law and society to those criminals. If juveniles are labeled by their criminal records, they will be restricted in education and employment. In a sense, the criminal record stops juvenile delinquents from amending and returning to society. Therefore, the abolition of juvenile criminal record is not only in line with the idea of protection of human rights and juveniles, but also reflects the human spirit and the care of the whole society to juveniles. To erase their records and give them equal treatment in further education and employment, etc, can avoid social discrimination and their self-abandonment, which helps juveniles return to society after their crimes, and also contributes to the construction of harmonious society.It is an international trend that giving special treatment to juvenile criminal record, so the international community and various countries have paid particular attention to this issue. In China, with the progress of our society and brand popularity of rule of law, the abolition of criminal record, especially juvenile criminal record, has been widely concerned by judicial authorities. Many experimental works have been carried out all over the country, which play an active role in helping juveniles successfully return to society and turn over a new leaf. In2011,"the8th Amendment of Chinese Criminal Law" formally provides that juvenile delinquents who are eligible can be exempted from the obligations of reporting their criminal records, which creates the conditions for constructing the abolition of juvenile criminal record in China. However, this provision still needs some definition and improvement, and the system of the abolition of juvenile criminal record has not been truly established. Therefore, on the basis of learning from the advanced foreign legislative experience, it is necessary and feasible to establish the system of the abolition of juvenile criminal record in China.In addition to the preface and conclusion, the thesis is divided into four chapters. The first chapter is an overview of the system of the abolition of juvenile criminal record, discusses the concepts of criminal record and its abolition, the theoretical basis and legal nature of the abolition and other basic issues. The second chapter gives an introduction of provisions of the abolition of juvenile criminal record in the world, including many different countries from the two legal systems, Taiwan and Macao in China, and some rules in international justice standards. The third chapter performs an analysis on the necessity and feasibility to establish the system of the abolition of juvenile criminal record in China. In concern with the necessity, the system contributes to protecting juvenile delinquents'human rights, achieving the purpose of Chinese criminal penalty and improving the provision of Article100of Chinese Criminal Law. As to the feasibility, the system accords with the specificity of juvenile delinquents and Chinese criminal policy on juvenile delinquency, and those experimental works in China have accumulated a lot of valuable practical experiences. The last chapter is some specific designs to establish the system.