Research On The Elimination System Of Juvenile Criminal Records

The criminal record is that a person has the legal facts of the crime which plays aspecial objective of prevention to a certain extent based on its deprivation or restrictionof certain rights and entitlements of the perpetrators. However, there is no doubt that theexistence of criminal records label "criminal" labels to the perpetrators, so that therepentances who have the criminal records will never be able to get rid of the stigma ofa criminal record. Supreme People’s Court put forward clearly to conditionally buildingthe system of eliminating minor misdemeanor records matching up with the relevantdepartments, making its conditions, duration, procedures and legal consequencesdefinitely in "the People’s Court Third Five-Year Reform Program (2009-2013), whichmaking the exploring of the establishment of the criminal records of minors eliminatesystem become the focus of the work of the judiciary. And we also believe theestablishment of the system becomes an inevitable trend with further reform of juvenilejustice, minor criminal record Abolishment. The promulgation of the2011CriminalLaw Amendment (Eight) indicates that China has legislation to formalize theobligations of exempting the misdemeanor reporting committed by minor less than18years of age, although not making specific provisions on the relevant period, theprogram content. But the obligations of removing the criminal record reporting is justone aspect of the eliminating the Minors’ Criminal Record system, which is not enoughbecause that the serious adverse consequences of Criminal record to the juvenileperpetrators yet to be eliminated.The establishment of Minors criminal record Abolishment is not only a majorbreakthrough in the eradication of our penalty field, more will be a major achievementof the juvenile justice reform, and will be a major victory of the concept of socialprotection of minors. The author explores a practical operating procedures and relatedsystems in the comprehensive analysis of the Minors’ Criminal Record EliminationSystem theory and on the basis of the social necessity, feasibility in practice.The exposition of this paper is divided into four parts:In the first part, get to know the value of criminal record system and its adverseconsequences, then contrast and analysis the concept of the elimination of criminalrecords, and explain the distinction between the eradication of criminal record and notreporting criminal record by exploring the concepts and theories of criminal record, which lays the theoretical foundation for later analysis Discussion.In the second part, inspect and analysis the status of the system on eliminating theminors criminal record by two sections. The first section, inspect the Elimination systemof foreign minors criminal record and elaborate on the system requirements of a fewrepresentative countries, to provide some reference to our national minors criminalrecord Abolishment. In the second section, investigate to explore the domestic judicialpractice, respectively summarize the judicial practice of each region, laying thegroundwork for the later system design.In the third part, detailed analysis to the necessity and feasibility of building theElimination system of minor criminal records in China. The analysis for the necessity isto clear the reason of building the minor criminal record eradication system that is thegreat significance of constructing the system. Followed by a feasibility analysis of thesystem building from four aspects, respectively, the theory,the law, the special nature ofjuvenile delinquent and the practice in criminal records eliminated, etc. to explore thefeasibility of building minors criminal record Elimination System.In the fourth part, imagine building the minor criminal record eradication system,which consists of five aspects: the applicable conditions, the manners, the programs, thelaw consequences and the supporting measures of the Elimination System of the MinorsCriminal Records. Elaborate on the envisaging of the whole system, in order to makesome suggestions and ideas on system building and improvement of the China’sElimination System of the Minors Criminal Records.Finally, the author make a summary and a forecast of the establishment andimprovement about the Elimination System of Minors Criminal Records in China.