Building Of The Legislative System Of Criminal Records Wiped Out

The Criminal Record Elimination System was originally developed by the monarchon the foundation of the right to grant pardon. Be punished can be freed from injurious tothe reputation of a criminal record by the king’s pardon behavior after the completion ofthe penalty, compensation for victims of the economic loss. Criminal Record EliminationSystem can eliminate the adverse effects of criminal records and promote re-socializationof the criminal record staff. Moreover, Criminal Record Elimination System can find abalance in the aspects of social defense, public interest and the protection of human rightsof offenders. By drawing on the legislation on the basis of the experience of France,Russia, Vietnam and other countries, the author explores the Criminal Record EliminationSystem in China’s legislative construction.The thesis is divided into four chapters, more than thirty thousand words, thefollowing are the main content.The first chapter is The Criminal Record Elimination System Overview. First of all,the author thinks that the criminal record is a legal status of the offender by the courtconvicted. This defined——"convicted say", without considering whether the offender issentenced, the penalties are actually completed and whether the implementation iscompleted. Criminal Record Elimination System refers to the perpetrator of the courtdeclared that if the case constitutes a crime, after meet the legal conditions, through thelegal procedure the cancellation of its criminal record and no longer have a criminal recordto its normative evaluation, restore its normal legal status of criminal system. Then, theauthor compared the difference between the Criminal Record Elimination System andRestore Power System, Pardon System. By comparison, the author thinks that the legalnature of criminal record elimination system is court conviction elimination of collateraleffects. Record for has reformed sinner is a disgrace, but a redundant punishment, this is avery important reason,lead to the crime again and record elimination system able to toreto label "criminal record", eliminate the redundant punishment,avoid ex﹣convict personnel to crime. This will wipe for Criminal Record Elimination System according tothe theory laid a foundation.The second chapter first introduces the necessity of to establish the Criminal RecordElimination System in our country. By ex-convict personnel in our country is a largenumber of groups, and criminal record adverse effect seriously hindered their return tosociety smoothly, so they very urgent demand for criminal record elimination system, inaddition to, this also is the need of modern criminal legislation trend. Secondly, the authorform the legal environment in China works well and provides a rich experience in judicialpractice two aspects illustrates the feasibility of constructing the Criminal RecordElimination System in our country.The third chapter is the main content of this thesis, divided into two parts. First of all,discusses the Criminal Record Elimination System building in our country’s legislationmode, the author recommended the legislative model of France, the basic terms andconditions stipulated in the general provisions of criminal law in the fifth chapter "Otherrules", and put forward in the form of the criminal law amendment. About the criminalrecord eradication program terms and conditions stipulated in The Criminal ProcedureLaw. The third part is the content of the legislation for our record elimination system putforward specific ideas, in draw lessons from foreign legislative experience, on the basis ofthe criminal record in China to eliminate its applicable scope, applicable conditions,applicable procedure and legal consequence of legislation construction.The fourth part is mainly to perfect the Criminal Record Elimination System ofsupporting measures. Discussed from five aspects, respectively is: criminal recordelimination system fusion with the Chinese Laws, improve the prison law protectionsystem in China, reform the household registration and the system of personnel files, buildcriminal record registration and query system, correctly guide social ideas, downplay theretribution thought.