Research On The System Of Elimination Of Criminal Records

The elimination of previous conviction system is necessary and valid.There aresolid theoretical foundation and proper existing reasons for the generation ofelimination of Previous conviction system though there are arguments of justice andhuman rights of jurisprudence, as well as the exposition of the balance Principle ofcrime and penalty. Punishment retribution and special prevention is also referred. Onehand is the elimination of previous conviction system contain of virtues of modestiesof criminal law and social protection, on the other hand it absorbs the protection ofhuman rights.Basic on that, the essay introduces it from four sides:The first part of this essay tries to give us definitions on Previous conviction andPrevious conviction system. It also introduces other countries law rules aboutPrevious conviction system. There are a lot of argument on Previous conviction.thisessay insists it should be declared guilty. Legal results in criminal and civil law areintroduced, so well as its social results.The second of this essay analyses the obstacle for elimination of Previousconviction system in china and gives us reasons. For example, the mess of criminalstructure and the conflict of legal rules consists actual reason while the absent ofopinions on democratic rights and equity is the reason the obstacle comes in being.Transform of social reform unfinished also plays a important role on it. The third part of this essay analyses the basis in theory and its reasonableexisting about elimination of Previous conviction system from several angles, forexample, philosophy、crime law and social subjects. it is necessary to eliminatePrevious conviction system for respecting and protecting human rights、consummating legal system and to get the propose of punishment and so on.The last part of this essay tries to conceive the elimination of Previous convictionsystem in china. Basic on other countries legal rules about it and our real socialconditions it should take reasonable legislation pattern. Then the essay gives us thequalification to adopt the system and three steps needed for its procedure. The essayalso introduces the consequence of the system and other systems for forming acomplete set for it. At last, for the people under18years old to have a special systemdiffer from adults, the essay explains it from its meaning, basis and referring law.