Record Destroy System In China

In order to prevent criminal blow again crime, criminal record asmany countries in the world’s first choice, Use record effect limitoffenders to return to the society of activities after scope, crime ability towait a moment, Use of crime labels will be classified as a society ofopposite offenders risk for the supervision and management. Manycountries will record the criminal law set to a complex and standardsystem, To record the definition, the consequences, and the content suchas eliminate all have a perfect systemic standard, For example, France,Russia, Britain, Germany and other countries are on record system has amore comprehensive standard.However, by contrast, In our country in the provisions of thecriminal code of criminal record is not standard also is not comprehensive,The concept of criminal record has not been clearly more not destroy thesystem construction of criminal record norms, But in our criminal law,administrative regulations and judicial interpretation have no criminalrecord was the name of the reality of the former. Criminal law amendment (8) issued after, Our country criminal law article100reignitehot debate, New provisions about minor criminal record reportingobligations release system let us see record the development of thesystem of hope. At the same time, today’s society is a pay more and moreattention to protect the human society, Now the party and state are alsoworking hard on the construction of the harmonious society, Facingcriminal record and destroy this definition use a series of legal issues hasnot carried out standardization, Hard to avoid is the criminal code a regret.To perfect our country’s criminal record system system, constructing theaccord with the situation of China criminal record in theoretical systemno matter destroy or in social practice level has tremendous significance.In this paper the cognizance of the criminal record for the basic point ofdeparture, Through analysis in the theory and the practice of criminalrecord application state, Combining all kinds of disciplinary valueanalysis that the abolition of criminal record existence value, Through thecomparative analysis of the characteristics of the foreign criminal recorddestroy system, summarizes the advanced experience and combining with current legislation state construction of the system of criminal recorddestroy entity conditions and to run the program of the basic requirements.At the end of the article, the author will record up to destroy theperspectives of sociology of analysis, Trying to weigh test to realize therecord and the abolition of legal effect and social effect and the organicintegration of unity.Full text is divided into seven partsPart1: Record destroy the basic problems of the system. Record thebasis is consumed system that record, According to the domestic andoverseas scholars about criminal record of summarized that the conceptof the basic concept and tell record of our country present stage record inthe application and effect of various legal analysis, Thus summed up thebasic concept of our country criminal record consumed.Part2: Analysis system of a criminal record destroy in according tothe theory. From the sociology, jurisprudence, criminology, punishmentlaw in China and the criminal policy of multiple perspectives analysisrecord destroy system in the existing reality basis. Part3: Analysis the reason that record destroy institutionalization.Through the analysis of the reason for the construction of record thatdestroy system comments, reduce record system in building of therealization of the destroyed in the process of the resistance.Part4: Record destroy system and reviewed in this paper. Review ofthe system of foreign criminal record kill specific provision, From theanalysis of the levels each country record destroy the characteristic of thesystem and to analyze, China’s criminal record destroy the systemconstruction to provide the reference.Part5: Eliminate the construction of the conditions about criminalrecord. From age limit, the penalty term limits, limits on charges madeapplicable criminal record over the abolition of specific conditions, Andanalyzes special circumstances record wiped out suitable conditions,Standard after the termination of the legal effect of the criminal record,Perfect make record destroy the necessary supporting system of perfectthe relevant system.Part6: Record of the system of construction program consumed. Set up the record as a criminal record the rights of people destroy basicconsciousness, determine the record of the organ of power consumed,application deadline limit and the protection of victims rights complaintmechanism.Part7: Record destroy system as a criminal law system and otherlegal system coordination of the analysis. Deal with criminal record incriminal law system of internal destroy the relevant system coordination,as well as other industries involved in the provisions of the criminalrecord legislation legislation in the coordination problems, make recorddestroy system legal effect and social effect unity.