Application Of Sealing Juveniles’ Criminal Record System

The juveniles criminal record sealed system is set out in the <Criminal procedure law> section 275, According to which, under age 18, and was sentenced to five years in prison or less, his related criminal record should be sealed. Under normal circumstances, the public will no longer be aware of the misdemeanor cases when he or she was a child. This system considered the differences between minors` criminal from the adults`, designed to protect minors in education, employment affairs, and no longer subject to unfair treatment. It has a great significance in weakening offender "label" effect, and helping them achieve resocialization of, it is also a step of judicial reform in our country. Juveniles criminal record sealed system is still in its infancy, there are many issues unsolved in specific implementation. The first part of this paper presents three burning problems, that the scope of sealed criminal record, the criminal record sealed exception query system and remedy for violations of criminal record sealing. The second part is exploring the legislative purpose of criminal record sealed, in order to address a master guidelines to solve the specific issues. The third part explains the expanding meaning of "related criminal record," hoping to cover the records which are able to infer the identity of the juveniles without omission. The forth part strictly limited exceptions query system,avoiding the evolution of exception to “normal”. The fifth part propose the possible remedy approach in supervision, administration proceeding,civil action,criminal procedure. Finally, the introduction of the juveniles criminal record sealed system is only a beginning, there should be more publicity to make the public understand the importance of the system, to address specific implementation issues, just in this way,the system can effectively play the protection of minors` interests.