Research On The Issue Of Sealing Of Criminal Record About Minor Law

The system of Juvenile crime records archive revised in "Code of CriminalProcedure" on page275on January1,2013.That is the first time that is to be clearlydefined in the form of the Basic Law.Although the system is the first time to incure inour country’s Basic Law, but whether in judicial practice and legal theory, or thelegislation of other countries in the United Nations it has already a profoundstudy.Although our country is not entirely consistent of the extraterritorial provisions,but because of the extraterritorial application of the earlier practice of this system, thedevelopment of the system of more than sound and perfect, so many things about thissystem is worth our country to learn from.The first country to destroy of minorscriminal record system is France, followed by Germany, Japan, the Netherlands,Britain and other countries that have introduced legislation on this system, andgradually been developed and perfected.In China, the firstly appeared on Juvenilecrime records archive system in the region is the Haidian District Court in judicialpractice, through the establishment of a unified criminal record system, to limit thedisclosure system of Juvenile crime record for the first trial, then, Shanghai,Shandong, Jiangsu, Guizhou, Sichuan and other places have introduced a pilot schemeon local minor criminal record sealed or eliminated.Then, a series of documentsissued by the central judiciary requires the establishment of juvenile criminal recordsarchive system."Criminal Law Amendment newly issued in2011was interpreted asan increase in the minor misdemeanor exempt reporting obligations under (h) Article100, paragraph2. In the newly revised January2013Section275of the Code ofCriminal Procedure, for the first time in the form of the Basic Law clearly definesJuvenile crime records archive system. As part of this system in the form of theemergence of the Basic Law can be said that the local judicial practice throughrepeated practice and central departments to actively cooperate with the judiciary andexploration results, for the protection of juvenile offenders successfully return tosociety_the legitimate rights of the road played a the role and significance oflandmark.Although Juvenile criminal record sealed system have been some positiveexploration and practice, but it is the first time in the form of provisions in the BasicLaw provisions, and only used a provision of the contents of some of the principles,the lack of some operational,there are still many contradictions and inadequacies inthe provision is not to be resolved.Therefore, this paper discusses four parts about thevalue of its legislation, problems and solutions and start to make a brief analysis the system. Due to the limited nature of the academic level and the urgency of the timethis there are many shortcomings,I hope that the article can promote thedevelopment of our law of criminal procedure.