Minor Criminal Record Elimination System Research

Minors are often described as the flowers of the motherland, is the future and hope of the motherland, Liang qichao once said in the "young Chinese said""young strong a country is strong, young wisdom is the wisdom of nations", is the development of the minors is good or bad relationship with the future of our motherland. However, with the development of social economy, juvenile crime is on the rise, how to effectively prevent the minor crime and how to make a record of minors to return society has become a topic of scholars to research. In many research ideas and methods of the protection of the rights and interests of minors, build a minor criminal record was recognized as the most effective way to eliminate system. Although criminal record system in crime prevention and defense social aspects have certain positive role, but its for minors have a criminal record is more harm than good, more conducive to the realization of social justice. Many studies have shown that record elimination system can get rid of minors crime labels, make them smooth return society, also complied with the international community to protect minors’ rights of trend, beneficial to the improvement of the legal protection of minors system in our country. Although our country has not defined on the system, but from February2011through the "criminal law amendment (eight)" in relief on a minor criminal record reporting obligations and the new criminal procedure law about juvenile crime records sealed, legislation about the system in China to set up already, although has certain progressive significance, but there are still great defects, needs further perfecting legislation.In this paper, based on the basic national conditions in China, the hope to draw lessons from foreign advanced experience, on the basis of comparative analysis, value analysis and other research methods, eliminate the minor criminal record system into the orbit of the rule of law in our country.The full text is divided into five parts, about28000words or so, its main content is as follows:The first part, a minor criminal record system overview. This part mainly never adults, minor crime, criminal record, criminal record elimination and relevant concepts of criminal record elimination system is described in this paper, and distinguish the boundary between the record destroy criminal record and storage. The second part, mainly introduced the France, Germany, Russia, Switzerland and other countries legislation present situation on the minor criminal record elimination system, and compares the national provisions on the system analysis; In addition, this paper also introduces the henan, hebei, sichuan, jiangsu and other places in China in recent years in juvenile criminal record in the practice exploration, and the practical experience is summarized, these are for our country to build the minors has provided valuable experience, criminal record elimination system to promote the stability of the social harmony.The third part, mainly to our country building a minor criminal record elimination system is analyzed, the necessity and feasibility of never adult’s physical and mental health development, the need of social fairness and justice and safeguard human rights, the value concept of the light punishment punishment, and to fulfill its obligations of international rules need this five aspects to discuss the necessity of constructing the minor criminal record to eliminate system; Never adults own characteristics, YanKuan of economic in our country’s criminal policy and build the system of the relevant international and domestic law as the basis of the three aspects discusses the feasibility of construction of minors criminal record. Through the analysis of the necessity and feasibility of building the system, and illustrates the importance of building the system of our country.The fourth part, mainly from the contradiction between the system and the related legislation, including its and penal code of our country and our country civil contradictions between administrative laws and regulations, lack of security mechanism and the concept of the system and the social public conflict with these three aspects to analyze our country to build a minor criminal record, of the troubles and problems facing elimination system for the construction of our country better in the future the system provides the train of thought to solve the problem.The fifth part, the author puts forward to establish our country juvenile criminal record elimination system, including the selection of legislative model, the destroy condition set, the provisions of the eradication program, legal guarantee, to set up and perfect supporting facilities, five aspects, hope that through these measures to ensure the minor criminal in after the reform, no matter in all aspects of the study, work and life, can enjoy equal rights with others, its vital interests be better protected.