Studies On The System For The Elimination Of Criminal Record Of Minor Offenders

The criminal record refers to the fact convicted by the court or sentenced to criminal punishment, negative evaluation of the individual who committed the crime by the law and society, the influence of which on the whole life of the convicted is quite far-reaching. As for the minor offenders whose physical and psychological condition is still not mature and turns to the crime because of impulse, the criminal record has much more influence on them. Since most minor offenders are first offenders or casual offenders, the subjective viciousness and personal danger of whom is universally small, the application of criminal record system to the minor offenders can easily make things get worse, making them recommit the same error and relapse of crime. As the system for the elimination of criminal record of the minor offenders, most countries in the world have made special provisions for the system; and at the same time, the international community has paid special attention to the system, and the corresponding International Convention also makes the provisions on the system. With the gradual acceleration of the promulgation process and increasing enhancement of legal consciousness as well as the increasing in-depth into the protection of human rights especially the care and love to the human rights of the criminal offenders, it is especially important and urgent to establish perfect and rational system for the elimination of criminal record of the minor offenders in order to better maintain social stability and harmony.This paper is composed of seven parts:Part One elaborates the relevant concepts. The author first begins with the definitions of criminal record, introduces the meaning of the elimination of criminal record thereby, briefly analyzes the similarities and differences between the elimination of criminal record and the seal of criminal record and finally discuses the concepts of the elimination of criminal record of minor offenders.Part Two elaborates the importance of the system, including the elimination of criminal record of minor offenders is conducive to the transformation of the minor offenders, to the implementation of the criminal policy of combining punishment with leniency, to the respect and safeguard of human rights, to the promotion of the process legislation the international minors and to the connection with the judicial practice.Part Three enumerates the legal provisions of some countries on the elimination of criminal record of minor offenders, mainly the provisions of Russia, Germany, France, Japan, Austria and the international conventions.Part Four probes into the elimination of criminal record of minor offenders in our country, mainly including Hebei, Sichuan, Shandong and Jiangsu with a view to offering experience and reference to the construction of the elimination of criminal record of minor offenders in our country.Part Five analyzes the theoretical basis for the construction of the elimination of criminal record of minor offenders in our country from the perspective of the development view of philology, the labeling theory of criminology, the demand theory and character remolding of physiology, justice and fairness of jurisprudence, the functions of the criminal law.Part Six analyzes the dilemma faced by the construction of the elimination of criminal record of minor offenders in our country, including the conflict of legal provisions, the lack of safeguard system and barrier of the social traditional cultural, hoping to offer counter ideas for the improvement of the elimination of criminal record of minor offenders in our country.Part Seven discusses the legislation idea and specific model design of the elimination of criminal record of minor offenders, including the subject condition, time condition, substantial element, legal consequence in the substance and the subject, application, acceptance, review, decision, supervision and remedy in the procedure as well as the improvement on the relevant systems, hoping to construct the system for the elimination of criminal record of minor offenders suitable for the actualities in our country.