On The Perfection Of The Juvenile Abolition System Of Criminal Records In China

When the system of criminal records performs a function of social defense, it affectsex-convicts’ individual rights inevitably and also brings objective barriers and psychologicalshadows to offenders on their way to return to society. As the supporting mechanism ofrestricting the criminal records’ negative effects, the abolition system draws more and moreattentions from the fields of China’s criminal theory and judicial practice circles. Nowadays,the8th Amendment of Criminal Law and New Criminal Procedure Law make the storagesystem begin to be in its infancy, however, there are some deficiencies at the beginning of thesystem construction inevitably. This article takes our storage system as the breakthrough point,through the analysis and expatiation of the juvenile justice idea and relevant internationalconventions, further puts forward feasible and forward-looking suggestions, speeds up theconstruction process of China’s abolition system of juvenile criminal records.This article has more than40,000words altogether and is divided into five chapters. Theforeword explains the origin and significance of the research problem of this article to study.The introduction part explains the current research status, and reaffirms some centralconceptions, which are referred to by the system. The Criminal Significance, as the essentialproperty of criminal records, not only eliminates the probability of these non-criminal cases tobe criminal records, such as administrative penalty, but also removes the possibility of thediscretional non-prosecution and conditional non-prosecution. The extension of "criminalrecords" is consistent with these realizing approaches of criminal responsibilities, includingcriminal punishments, non-criminal punishments, the pure condemnations and the decrees forspecial pardon exempted from penalty. The narrow meaning of "abolition" and "undo"records constitute the specific methods of the abolition system. However, the dispute aboutthe external manifestations of criminal records–whether it is correct to choose sealing or logoff, is actually a trade-off value problem of society protection and right protection.The second chapter is based on the present situation of our system, and points out thenecessity of perfecting the abolition system. From the view of legal policy, the storage systemin current century still has the problems of having rough content and deficient protection. It is mainly reflected in having narrow appropriate scope, improper standards, restricted protectionof rights, the deficiency in implementing body and the system of content, etc. From the viewof our judicial practice, the pilot program around China is very scattered and the operationsare nonstandard and relatively under-developed, so that it is needed to accumulate localexperience as soon as possible. Only through the theoretical guidance and support of legalnorms, can the reform be deepened and the system be improved.The third chapter discusses from the macroscopic perspective about the direction ofperfecting the system. Because of our juvenile justice’s "congenitally deficient", the balanceof "bidirectional protection" is ensure the legal rights of Juvenile, the protection of society asa supplement. In addition, as a contracting part of "Convention on the Rights of the Child",China is also restricted by the constraint of "The Juvenile Justice Standards and Norms of theUnited Nations". In concrete construction, we should make the concrete implementation ofthe standards from relevant international conventions as the baseline. At the same time, underthe background of the internationalization about existing criminal legal system, we shouldlearn from the advanced experience of foreign legislation actively and perfect the JuvenileAbolition System of Criminal Records.The forth chapter is the emphases of this paper, carries out the specific systemconstruction from the microcosmic perspective. By and large, the suitable objects should begeneralized. However, special recidivist and drug recidivism is not applicable to the abolitionsystem presently because of the completeness consideration of the criminal law system.Secondly, the applicable conditions should be relatively loose. The due time of investigationtakes the degree of repentance as the division standard, and the whole should not be too long.The content of investigation is subject to no breach of administrative penalties law andcriminal law. Finally, the applicable methods should be diversified, which is based on thelegal elimination and is supplemented with undo records, devote oneself to construct theoperation procedure of the abolition system jointly. In addition, in order to ensure the systemfunction effectively, we should give attention to the protection of the juvenile delinquents’privacy and the connections with the corresponding matched measures.