On The Construction Of Previous Conviction Elimination System

Previous conviction elimination system is an indispensable part of Penalelimination theory.But the current research on its is relatively weak. It is rewarded andrespected by countries in the world because of its irreplaceable role in embodyingjustice and preventing crime.There is a very large section on this system in somecountries’ penal code or criminal procedure code.Though there is no clear legal concept in our country but the prohibitions andobligations against him in the law run rampant.As a result, ex-convict could hardlyintegrate into society again and social class relation is conflicting abidingly.As aconsequence,the next step in-depth study of previous conviction Elimination system israther necessary. in the meantime,we must construct a previous conviction eliminationsystem with Chinese characteristics based on analyzing and utilizing the legislation ofdifferent counties about previous conviction Elimination system immediately,which isof great significance to our country.This article is divided into four parts to elaborate because of the special positionand role of previous conviction elimination system itself.Chapter One:The basis of previous conviction Elimination system.This chapterexplains the basic concepts of previous conviction and previous convictionelimination system by presenting a historical perspective and comparison.It alsodefines and expounds the basic concepts of previous conviction elimination systemthrough summarizing and studying internal and international judicial practice. Chapter two:The applicable conditions and procedures of previous convictionelimination system.This chapter emphasizes on the constituent elements and operationmechanism of previous conviction elimination system.Finally,it is concluded that a setof procedures.Chapter three:The legal consequences of previous conviction elimination.Thischapter arrive at a conclusion that criminal restore their legal status via previousconviction elimination through a comparative analysis of both the formal consequenceand essential consequence.Chapter four:The construction of previous conviction elimination system in ourcountry.This chapter solve a series problems like that whether the previous convictionelimination system should be constructed and The bases for the establishment of theprevious conviction elimination system etc.The purpose of this article is make theprevious conviction elimination system follow the principle of protection of humanrights and the rule of law,meanwhile implement unification of legal effect and socialeffect.