Research On The System Of Elimination Of Criminal Records

The history of the crime possible effect as the crime label in our country couldbe traced back to the as early as MoXing in the Zhou Dynasty, which could be foundin the Oracle. Previous conviction, however, as the modern MoXing, whereas leavingnone mark in the flesh any more, it gives rise to much adverse effect on both legaland non-legal regulatory rules, just like a lingering nightmare.The sustainable existence of previous conviction record is not conducive for thecriminal to return to the society, moreover it largely increases possibility of such aperson to conduct criminal behaviour again. In view of this, whereas countries allover the world establish a criminal records system, at the same time they would set acorresponding system of elimination of criminal records.By saying elimination ofcriminal recordsit means as long as certain legal conditions have been met by thefomer offenders, the court would eliminate their previos record of conviction throughlegal procedure, allow them to have legal positions similar to those of them prior toconduct a offened. Equally, through long criminal judicial development in the China,there are explict rules on the effect of criminal records. Further, Article100of theChina’s Criminal Law stipulates the report of criminal records system. Unfortunately,however, it fails to develop a system of elimination of previous conviction, whichcauses there is no end for the criminal records, which in turn casuses the suppoesdpositive effect of criminal records for crime prevention being compromised.With the continually enhancement of human rights protection as well as thenegative effect of an incomplete previous conviction system, it becomes a hot issue inrecent China. Under such a context, the author tries to examine and clarify theconcept and nature of elimination of criminal records through a comparative researchbetween China and western countries. Starting form the introduction of theelimination of criminal records, this article tries to discuss theoretical basis ofelimination of criminal records in philosophy, jurisprudence, criminal law,criminology among others. Although such a system cannot be constructed and completed in a short period, it is by no means imposssible to achieve with the helpand support from judicial, administrative and society. It is suppoesed to formulate anavailable system of elimination of criminal records in China, as well as relatedinstitutions to ensure it operates effectively and efficiently.