Research On The Legal System Of Criminal Record Sealing Of Juvenile Delinquency

The aims of sealing the minor criminal record for juvenile delinquency are try to avoid the negative effect of being tagged after juvenile delinquency and prevent being blocked in the process of re-socialization, which may protect their rights. Through the deep investigation about this system from theory, legislation and practice, it shows some deficiencies in legislation and practice. This thesis also gives some solutions for these problems mentioned above, which is the primary goal of doing this research work.In order to achieve these, I divided the thesis into five sections.First section is the introduction, which mainly explains the research purposes, research results at this stage, research methods, innovations and so on. The introduction part is the starting point of this research work.The second part is the basic problem of juvenile delinquency criminal records archive. The part mainly introduces the important concepts and legal value about the criminal record sealing of juvenile delinquency, which aim at better understand the criminal record sealing of juvenile delinquency itself.The third part is the analysis the judiciary practices in criminal record sealing before the "Code of Criminal Procedure" amendment in2012, and especially combined with W City practices. We found that even though similar methods were adopted in different place, they also show their own characteristics, and reflects the enthusiasm and creativity in grassroots judiciaries.The fourth part examines the two legal cases related to national and regional legislation, and found that the two legal systems generally tend to destroy rather than criminal records sealed, but the criminal record sealed as a transitional phase of crime record eliminated. Foreign minors criminal records system are detailed, rich and worth learning.The fifth part is mainly focus on some refine advices due to some limitations in our legal system, especially for sealing, revocation, proceedings and legal liability for criminal record sealing of juvenile delinquency. Make some constructive suggestions for this system convergence with other related legal systems.