Minor Criminal Recordelimination System

This paper is divided into four parts. The first part is the concept of a minor criminal record elimination. From the record of the conception and its legal consequences, the importance is demonstrated and its significance is further analyzed. The second part is the research for the minor criminal record elimination system, which is about different situations in China and abroad. At first, the author searching through the legislation which is about the minor criminal elimination system around the word, summarized the international of the two main record elimination legislative model, and create the corresponding law to it. And then, the author summarized the international rules which support to build the minor criminal record elimination system in our country. At last, the author sums up the minor criminal record elimination’s judicial practice in some provinces in recent years. The third part is about the necessity to construct a minor criminal record elimination system in China. Based on the necessity analysis of philosophy of law, the "tempering justice with mercy" criminal justice policy, the necessity of the Criminal Law, and the necessity analysis to perform the obligation of international law, the author fully comprehensively discussed that the construction of a minor criminal record elimination system is very significant and really necessary. In the fourth part the author put forward some ideas to perfect our country’s minor criminal record elimination system. Based on the analysis of The Criminal Law Amendment (8) Of the People’s Republic, the author not only expressed her aggressive to it but also put forward four modify comments on it. And then the author expressed her own suggestion on the conditions of application and procedure system. She hopes that after the transform education, the minors can have a fully equal status to return to the society. When they want to have a job or continue their study and in other areas of life, they can have the equal treatment with other minor. It makes minor vital interests have more perfect protection.