The Elimination Of Previous Conviction: Criminal Records Sealed And The Prohibition Of The Dissemination

The elimination of previous conviction is a special judicial system to protect theminor crime correction based on their general interests, shielding or prohibiting minorscrime information dissemination. This includes，information closed trial is not open to thepublic, access channels to information can be effectively controlled, criminal records aresealed, disclosed information is forbidden to spread, no criminal record is mandatorypresumed of inevitable disclosure information impression. The current criminal recordelimination system of juvenile crime in China is still in the early stage，only admittingconcepts, ideas, lacking of specific eliminating rules construction，and only in the criminallaw amendment (eight), the new criminal procedure law and criminal law judicialinterpretation provisions exempt the criminal record reporting obligations andsequestration criminal record to minors satisfied certain conditions. For the protection ofminors of normal growth, implementing the spirit of the elimination of previous convictionof the essence, the basic concepts of elimination of criminal record are necessary to makefurther analysis, and on the basis of the experience of domestic and foreign mature legalregulation, to construct Chinese characteristics of the minor criminal record system, inorder to bring the system of elimination of criminal record its effect.