On Juvenile Delinquency Records Rchive System

Section275of the new Code of Criminal Procedure provides:"crime when under eighteen years of age, was sentenced to five years in prison penalty, the relevant criminal record should be sealed. Criminal record has been archived, not to any unit or individual provided, but the judicial organs for handling cases need or the unit concerned in accordance with national regulations, except for queries, query unit in accordance with the law, should be sealed criminal record be kept confidential."This is the first time certainly in the form of a formal legal provisions juvenile delinquency records archive value.Minors because of the special nature of their criminal records be sealed not only conforms to the protection of human rights functions of the criminal law, humanitarian values embodied penalty, also beyond the general moral sense of the concepts of justice, forgiveness stumble minors. The system as a minor crime punishable by law, the protection of society is more likely to return to society is a minor crime, protect the healthy growth of minors to provide a solid guarantee.Read offenses against minors on the international record deal with the legislative as well as our legal system and legal culture reflecting the concept of protection of minors and juvenile delinquency records archive system has considerable legitimacy. However, the system has only one legal provisions specified principles and humble, in judicial practice operability is not strong, therefore, I intend to be an overview of the criminal records of minors and system improvement and other related content exposition for of juvenile delinquency records archive system designed to provide an idea, and the prospects of the system were discussed.The text of this paper consists of five parts, including juvenile delinquency records archive system overview of the theoretical basis of the legitimacy of analysis, imperfect analysis and prospects.The first part of this article is specific to sort out the sense of criminal law and juvenile delinquency related concepts, at home and abroad about the system of legislative Description and significance, in order to delve into our minor criminal record archive system to clear the logical starting point and explore the value. The second part of this paper, the depth of mining background of the times and the theoretical basis of the system, that the system in our generation is not far-fetched.The third part of this paper, multi-angle, multi-dimensional investigate the legitimacy of the system.The fourth part, the paper points out some imperfections in the system, and suggestions for improvement at the same time give me the relevant legislation.The fifth part, for the social reintegration of the minors, criminal records simply as "closed" is not enough."Sequestration" refers only to "no conviction records provided to other departments, but is still real conviction records, such records will be stored in the profile associated with his life. Thus a minor criminal record archive our legal system is only to a minor criminal record elimination of institutional transition product of the times. The author macro exposition of minors criminal record sealed system to eliminate system forward to minors criminal record prospected.