The Construction Of Elimination Of Minor’s Criminal Record In China

The criminal record system is an important part of the penalty area, which is reasonable analyzing from retributive punishment and utilitarianism, and it has positive effect on criminal personality and social prevention. However, The indefinite criminal record has many disadvantages, especially for minors. when the minors return to the society,the negative effects of criminal record system on minors would be more serious, such as the loss of some right and qualification, social discrimination, so the juvenile delinquents would be facing huge obstacles even though they are penitent sincerityIn the contemporary society, the concept of human rights protection is emphasized increasingly, and the elimination of criminal record has been a trend in criminal legislation abolition all over the world particularly the elimination of minor’s criminal record. Seeing from the states which have built the elimination of minor’s criminal record,this system has positive significance. It can help minors to get rid of the label of "crime", eliminate the gap between the social and them, and return into the society smoothly.This paper consists of four parts:The first part, discuss the theory of criminal record and the elimination of criminal record, and ascertain the research object, then explain the definition of the elimination of criminal record system. The second part, analysis the legislation of the nations abroad that have built up the elimination of criminal record system,and the judicial practice in our country.The third part, analysis the negative impact of perpetual criminal record on minors, and demonstrate the necessity and feasibility of building the elimination of criminal record system from different angles. The last part, propose the idea to establish the elimination of criminal record system in China, including the application conditions, procedures and legal consequences, as well as the construction of the system of the other supporting system.