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The Study Of The Minor Criminal Record Eliminated System

Posted on:2014-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2296330431471031Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal record eliminated system as a basic criminal eradication system,gradually by more and more countries into national law system category, especially widelyused in juvenile criminal legislative and judicial areas. The establishment of juvenilecriminal record elimination system, one of the most important change is the purpose ofcriminal law theory, but also in the modern country minor objective outcome of criminallegislation, justice and criminal policy, idea development. Under this background, theminor criminal record eliminated system as soon as possible into the category of legalsystem of our country, wise not only conform to the tendency of international criminal lawdevelopment, but also the inevitable demand of the criminal law of our countrymodernization, more conducive to promoting the development of the cause of humanrights protection of minors in china.“Criminal law amendment” of the people’s Republic of China (eight) and therevised“the people’s Republic of China Criminal Procedure Law”, from two aspects ofentity and procedure, have provided the minor crime does not constitute recidivism, minorsfrom criminal record reporting obligations, minor misdemeanor criminal record storageand a series of systems, visual as China’s legal system is initially established minorimportant sign of elimination system, also reflects the legislature began to pay attention tothe minor value of elimination system and research trend. However, with internationalstandards for the construction of China’s juvenile criminal record elimination system,several laws and regulations is not enough to rely only on the very few, it is a great socialproject: the need to promote the in-depth theoretical research and judicial practice; theneed to further improve the legislation of the system, the applicable conditions, programmade detailed provisions, the legislation logic internal integrity; need to summarize inrecent years throughout the development of the minor criminal record eliminatedexploration experience and lessons gained in the work, design a more practical andoperational mode; vigorously with the required file management,community correction andother related institutions; to intensify propaganda, let ordinary people can from the heart to accept on a minor criminal record "destroy", the improvement of social discrimination toproduce soil, reduce until Du absolutely "criminal stains" juve nile injustice...... Believethat through the joint efforts of the legal person, can build a more scientific, systematic,and more in line with China’s national conditions of juvenile criminal record eliminationsystem.
Keywords/Search Tags:Criminal record, Minor, The criminal record eliminated system
PDF Full Text Request
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