System Of Elimination Of Criminal Record And Construction Of It In Our Criminal Law

Criminal Record System means restricting or depriving the qualifications and rights of the criminals after penalty. We admit its positive impact on the prevention of crime and the protection of social stability, but it also brings some negative criminal and non criminal effects, it prevent criminals from returning successfully to society. Therefore, it is necessary to build an Elimination System of Criminal Record. Some countries in the world have studied this field deeply and legislation in this area is relative completed.When it comes to the criminal legislation of China, only the Criminal Record Reporting System mentioned in article 100 of Criminal Law is viewed as the core of the Criminal Record System. Article 275 of the latest Criminal Procedural Law has established Misdemeanor Criminal Record Sealed System for Minors officially. It is common to see prohibited or obligatory stipulations in civil and administrative laws and judicial interpretations. In a word, the legislation of Criminal Record System in our country is not systematic and intergraded. Our China’s traditional conception of "severe punishment" and absence of related laws result in insufficient attention and research about it. Nowadays, respect and protecting human rights,building a harmonious society, following the trend of the modernization of Criminal Law in the world and meeting the requirement of juridical practice, is well acknowledged by more and more people. There is some theoretical basis about Criminal Record Elimination System. On the basis of comparison and reference of legislation cases of foreign Criminal Record Elimination System, it has much practical meaning and theoretical value to build Criminal record elimination System according with China’s national conditions. Given China’s history and reality, the principle of building Criminal Record Elimination System is: the criminal record should be partially eliminated.As a new system, we should think about both the theoretical and practical aspects to build Criminal Record Elimination System. When talking about the theoretical approach, the author uses comparative analysis and empirical analysis method to complete this paper.This paper includes five parts. The first part is giving a definition to Criminal Record and Criminal Record Elimination System. The second part is to analyze the reason why our country has not established the Criminal Record Elimination System. The third part is to explain the practical requirement and the theoretical basis of building Criminal Record Elimination System, specifically, and the theoretical basis includes philosophy, Nomology and Criminal law. The fourth part introduces Legislative model and content of Criminal Record Elimination System through comparison and reference of legislation cases of foreign Criminal Record Elimination System. The last part is mainly about the supporting measure of Criminal Record Elimination System.