Exploration Of Minor Criminal Record Abolition System

Criminal record of the offender which caused by the criminal behaviour in earlytime, can be as a negative evaluation in the whole life. The influence of the offenderin future includes the limitation of qualification in relevant areas, as well as the heavyreporting obligation of the offender in the legal environment of China today.Compared to adults, minors have their own characteristics. From the body, to theheart, the minors is not yet mature, that has a strong plasticity, which is the reason that,they are inclined to impulsive crime on the one hand, on the other hand, the lesssubjective evil character makes much room for twice-born. Proved by long-termpractice in Western countries, the criminal record abolition system has been playingan important role in re-integration into the community to help minors. Therefore it hasmuch more significant meaning to establish the criminal record abolition system inChina.The performance of Amendment Ⅷ of Criminal Law of the People’s Republicof China in2011indicates that, it is formally established the new criminal justicesystem so-called Exemption of Reporting Obligations of Minor Criminal Record, as asignificant progress in legislation and judicature of minor crime in China. But it isclearly in the early stage of development, when the development overseas for manyyears has been significantly mature. Therefore, we need to learn from advancedWestern countries reasonably, especially the idea of legislation, in order to designmore scientific and standardized system and its specific mode of operation of minorcriminal record abolition systemThere are four parts in this thesis. The first part is the overview of the minor criminal record abolition system, including the concept and the legal consequences ofminor criminal record, as well as analyzing its disadvantage, to deduce the concept ofminor criminal record abolition system and its theoretical foundation. It is discussedthe necessity and feasibility of the establishment of minor criminal record abolitionsystem in the second part. It analyses the situation of juvenile offender today, in theaspect of necessity; in terms of feasibility, it explores the experience mainly based onlegal basis and the practice in our country. The third part focuses on the analysis andreference from foreign minor criminal record abolition system, such as France,Germany, Russia and Japan. It draws a blueprint of establishment of the specificimplementation of minor criminal record abolition system in the fourth part, that is thelast but the most important.