The Juvenile Criminal Record Removal System In China

The criminal record system affects the criminal’s life in various ways. The criminal record reporting system in China has to some extent realized its function of preventing crimes, but as the society develops its side effects have gradually surpassed its expected function. This is especially true with juveniles, who as soon as being convicted guilty will not only be restricted by law but suffer from social prejudice. With a criminal record, the juvenile can hardly return the society and an even more critical problem is that he may commit crime again. Taken the particularities of juveniles into consideration, it is unreasonable to cast them out of the society. Therefore, as what other countries did, it is crucial, based on China’s needs, to establish a juvenile criminal record removal system(hereafter refer to as JCRRS), in order to protect minors and to realize the goal of criminal law. In the light of the significance aforesaid, the establishment of the system is chosen to be my thesis topic.This thesis consists of five sections. The first section is the general statement of JCRRS. In this section, criminal record and its consequences as well as criminal record removal system and its relationship with rehabilitation are talked about. Through the analysis of definitions of criminal record, the connotation of criminal record removal and the concept of JCRRS, then, will be made clear. As the distinction between rehabilitation and criminal record removal are still not well understood by many people, it will also be mentioned in this part.The second section, from philosophy, criminology, criminal law and jurisprudence perspectives, talks about the basic theories of JCRRS and the possibility of constructing such a system. The philosophy part expounds the subject from perspectives of connection and development; the criminological part focuses on the influence of the “tag theory” on the criminal; the criminal law part, in accordance with intention of criminal punishment doctrine and principle of suiting responsibility and punishment to crime, talks about the reason for the establishment of JCRRS; the jurisprudence part, the last part of the section, analyzes the influence of humanism and justice on this system.The third section examines related legislation in other countries and the local practice of removing juvenile criminal record in China. The first part lists and summarizes American, Russian and Germany laws upon JCRRS. The second part lists and summarizes local regulations on JCRRS in Hebei, Shandong, and Jiangsu province.The fourth section talks about the necessity and feasibility for building JCRRS in China. The necessity is analyzed from perspectives of the policy of leniency & punishment, the prevention of juvenile crime, and China’s international judicial responsibility. And the feasibility is elaborated from perspectives of the features of juvenile crimes, social needs, professionals’ change of mind, and the future of Chinese legal system.And the last section talks about the establishment of JCRRS in China from perspectives of its substantive condition, procedural condition and its related supporting measures.