The Construction Of Elimination Of Criminal Record In China

The system of elimination of criminal record is a record in the legal conditions, through legal procedures, national wiped their criminal records, the specification of benefit state disappeared, restore to the normal legal status of a penal system.In today’s society, the idea of protecting the human rights is growing, the elimination of criminal record system embodies this idea. It positive affirmed the achievement of start with a clean slate, reflects the law of justice and equality. It was definitely stipulated in many countries criminal law or other laws, and is widely applied in judicial practice. But owing to the restriction of a variety of conditions, the system in our country’s legal system is still in blank. With the development of our society, the penalty system of our country need to conform to international social development, the research on the system of elimination of criminal record has become increasingly urgent. The elimination of criminal record system is helpful to fully guarantee the rights of person who has criminal record, realize of justice, equality, and social tolerance, At the same time can effectively prevent commit a crime again living under the helpless. Contemporary China, political democracy, economic development, social harmony, scientific outlook on development policy carry out, all these provide the soil for the elimination of criminal record system.This paper is established in four parts. The first part is about the summary of the elimination of criminal record system, mainly about the different foreign legislative situation, function and applied conditions. The second part is about the theory justification of the system of elimination of criminal record, separately from the philosophy, jurisprudence, criminology, psychology, sociology to analyze the theoretical basis of the system of elimination of criminal record. The third part is the research of the necessity and feasibility on construction to establish the system of elimination of criminal record in our country. The fourth part is about the establishment and the consummation of Chinese characteristics of the system of elimination of criminal record, is divided into four small parts of narrative:The first part will introduce some preliminary practice on the system of elimination of criminal record in a few local courts in China; the second part will introduce the extension and application on the system of elimination of criminal record in China, and how to design it; The third part will introduce our current social situation, the problems may exist on the implementation of the elimination of criminal record system; finally tells solving scheme, in order to carry out the system of elimination of criminal record better.