Minor Misdemeanor Criminal Record Sealed System Discussion

China’s new "Criminal Procedure" to establish a minor misdemeanor criminal recordsealed system in2012, which has aroused widespread concern. It is a progressive, butscholars and judicial practice concerns also arising at the same time. Our country is still inthe emerging phase of the system, there is a big problem about its effective operation,which is our juvenile justice reform process, the most prominent and one of the mostserious problems on the improvement and development of the rule of law caused byextremely unfavorable affected. There are mainly two problems: First, the fundamentalproblems inherent in the system, the system applies the subject, object, procedures, legaleffect, are not clear and uncertainties; Second, this system is the problem of the externaloperating conditions, it is not only with some of China’s relevant laws and regulationsconflict, and there is no guarantee their effective operation supporting systems. This hasled the think of this system of author in different ways, so author chose this topic. Thepurpose is to improve the comprehensive exploration of the system for a certain andcontribute to legal system for China.Author detailed analysis the basic theory of the minor misdemeanor criminal recordsealed system; and summarizing this system currently exists in all aspects of our defectsand problems; and proposing to solve these problems countermeasures and suggestions.Completion of this article the main use of literature analysis, comparative study, synthesisof interdisciplinary research and value analysis five kinds of research methods. Study ofthis subject is not only related to the protection of minors, but also for the specificoperation of this system and run in the judicial practice is more important guidingsignificance. Finally, the author calls for a minor misdemeanor criminal record sealedsystem more perfect and sound to a certain extent, the timely establishment of a minorcriminal record elimination system. Author hopes this system can be implemented as soonas possible to improve and for China’s juvenile justice reform to add luster.