A Minor Misdemeanor Criminal Record Series.the Elimination System

The criminal record proves that someone has deficiencies in terms of personality, so he implemented criminal act to the society. If he re-implemented criminal acts, then the situation will be known by the state organs and the units through the reporting criminal reports, the management system for household registration, the file management system, etc. Not only more serious penalty he will be served, but also more restrictions in social life, such as employment and other aspects. However, our current systems relating to criminal records are in conflict with the law on the protection of minors. The minors are not treated differently with the adults, it can not reflect the policy of " influencing and educating and saving" determined in the relevant laws and policies, and leave great obstacles for the minors’reintegrating. Different from adults in physical and mental characteristics, the state and society should give the minors more tolerance, love and trust. Therefore, minor criminal records to be topic of the importance and necessity are even more important.Chapter 1, conducted analysis on minor crime features based on Chinese juvenile characteristics. The author definitely stated the conflict between minor criminal record elimination system and Chinese laws and regulations.Chapter 2, was about definition and chatacteristic of criminal record dlimination system and its elimination. The thesis analyzed the close relationship between criminal record elimination sustem and its existence from various angles such as philosophy, sociology, criminology and nomology which set the start point of researching Chinese minor criminal record system.Chapter 3, serves as the brief introduction of foreign legislative inspiration and some domestic practice. First, the chapter introduces the minor criminal records of abroad relative elimination system; Second, combined with the practical and theoretical aspects of domestic exploration, it elaborates whether it was ripe for the construction of the system.Chapter 4, introduces feasibility and the significance of the system. combined with our specific law and specific conditions, give the system feasibility. Then, this chapter analyzes the significance to build the system from four aspects in detail, and demonstrates the necessity and urgency of the system.Chapter 5, is about the ideas of the system. Based on China’s social reality, the author systematically expounded the system’s design idea from various aspects like scope of application, mode, procedure, legal effect,the measures of some specific parts related to the system, which would realize the standardization and institution alization of minor criminal record elimination.Chapter 6, from the reality of how to ensure the implementation of this system to achieve the desired law and social effects of their perspective and how to perfect the system, it arises own proposals.