On Establishment Of The Abolition System Of Juvenile Criminal Record In China

Young people are the country’s future. Many countries in the world, from the point of view of protecting the legitimate rights and interests of minors and prevention of juvenile delinquency, established the abolition system of juvenile criminal record which reflects the humanitarian spirit of the criminal law. The development of the era and the progress of the society are in need of the abolition system of juvenile criminal record. Conform to the trend of the development of the criminal law, China’s newly enacted Amendments to the Criminal Law(H) provides that minors who are sentenced to an imprisonment of less than five years may be exempted from the obligation of reporting their criminal records, thus laid the foundation for our country to establish an unified abolition system of juvenile criminal record. However, this provision does not specify the conditions, procedures and deadlines for removing the obligation of reporting criminal record. It leads to lack of purpose and operability. Starting from defining the concept of criminal record and combining the successful experiences and effective practices of foreign countries with local resources in our country, this essay gives a proposal for establishing our country’s unified abolition system of juvenile criminal record. The full text is divided into four parts. The first part defines the relevant concepts It also points out that the system’s significances are conducive to not only the law’s justice but also the function of criminal law and the improvement of the legal system for juvenile’s protection. The second part gives an account of the judicial practices on the system in some parts of our country, as well as the relevant regulations of some foreign countries. This part also interprets the article19of Amendments to the Criminal Law(H). The third part discusses the feasibility of establishing the abolition system of juvenile criminal record in our country from the aspects of theory, policy and legal basis. The fourth part is about how to establish the system in details. We also need to improve relevant supplementary measures while specifying the conditions, procedures and legal effects of the system.In writing this essay, the author employs the methods of literature analysis and value analysis and comparative analysis with a hope of making some contribution to the establishment of a unified abolition system of juvenile criminal record with Chinese characteristics as soon as possible.