Research On The Elimination Of The System Of Record

The elimination of previous convictions is indispensable in the penalty elimination theory, but it is now the weakest part in the studies of the theory. The elimination of previous convictions is a representation of the justice and fairness of law and modesty of the penal code and also a efficient prevention from recidivism. The elimination of previous convictions is highly spoken in the legislation processes all over the world and received extensive recognition from academic researchers. The elimination of previous convictions is not established in China, and little attension has been paid by the educational circles. As legal systems and the construction of human rights being improved today, this part of the legal system has shown great importance. This essay will state several conceptions of the author before the establishment of the elimination of previous convicts.To establish the elimination of previous convictions, the concepts of previous conviction and the elimination of previous convictions must be clearly defined. Thus, in the first part of the essay, the author stated the definitions of the two concepts in details. And upon that, the benefit of the elimination of previous convictions to the exconvicts, the society and the whole country are disserted, which are the reforming, encouraging and reaccommodating functions of the exconvicts, integrating, safeguarding functions to the society and praisal and defensive functions to the nation. Finally the author analyzed the influences of the elimination of previous convictions. He pointed out the penal, civil and administrative aspects as well as the non-legal aspects of the impacts that the elimination of previous convictions could bring to the exconvicts. Previous convicts are a potential precondition for recidivism and severe penalty. They can deprive several basic rights from the exconvicts and cast heavy psychological burden to them due to some social prejudice to the exconvicts.The second part of this essay attempts to state the status quo of elimination of previous conviction domestically and abroad. In the present penal code, only criminal record reporting system is provided in the100th essay.The elimination of previous conviction still remain under theoretical investigation, and unspecified by law. Yet in some places in China, laws and regulations have been tried out to implement elimination of previous convictions of juveniles for breaking laws and minor offence. While in foreign countries especially in developed countries such as American and European countries, the elimination of previous convictions has long been established and it has been a current trend.In the third part of this essay, the author tries to discuss the future of the elimination of previous convictions. Primarily, he analyses the reasons why elimination of previous convictions is denied in China, which are the lack of democratic ideals, the inveterate counter mark of the penal code and the unfinished social transition. Then he moved on to the essentialities of establishing the elimination of previous convictions including the calls of establishing the harmonious society and a legislative civilization, as well as the appeals by humanitarianism, a demand by the impartiality and modernization of law and at last a urgent need of the judicial practice.The fourth part is a feasibility analysis of the establishment of the elimination of previous conviction, listing several favorable stimulatives.The fifth part listed several views on the establishment of the elimination of previous convictions. First is several specific design proposals for legislation practice relating the determination of the subject, the setting of conditions and the specific procedures with the practice and experiences of the establishment of elimination of previous convictions both domestically and abroad. And subsequently, the author listed several ways of the indemnity for the system from judiciary, administrative and social effort.The conclusion is a representation of the author’s urgent hope of for the establishment of the elimination of previous convictions and his solicitous care for the exconvicts and expectations of necessary aids to them on readapting the society and taking a new lease of life.