The Study Of Criminal Record Storage System

In recent years, academic fields of criminal law are increasingly putting intensive attentions on obligation of criminal record reporting article 100 lays down and also devote much more time to discussing its negative meanings. Since the provision has been put into effect, it doesn’t achieve that aims of what legislators imagine before that provisions being implemented, but rather make criminals more difficult for themselves to be back to society. This article also considers that we should rethink the negative impacts that article 100 has brought to society. At the same time, it is necessary for legislators, according to our country’s actual situation, to construct criminal record storage system so as to eliminate the negative effects that article 100 has brought to the whole society.It has already existed a similar system abroad. France, Germany, Japan, Russia and other regions like Hong Kong and Macao have already enacted relevant provisions. We can recognize that system’s basic framework through comparative study and thus implant that theory underlying whole framework of system into our nation’s institution according to our country’s actual situation. The so-called criminal record storage system is the criminal justice system that rules that particular criminal records, reflecting the criminal activity done by relevant criminals, have been sealed by relevant state unit under the certain circumstances stipulated by law so as to achieve the effect of non-criminal record by legal meanings. At present, even though our country’s regulation for criminal record storage is relatively rough, but it has already increasingly upgraded from local practice in a original scatter way to the new level of nation-wide criminal legislation. This point can be reflected from recent modifications on criminal and criminal procedure law. In addition, the Supreme People’s Court and the Supreme People’s Procuratorate also issued relevant judicial explanations that interpret it. Building system of criminal record storage is not only a complement to the shortcomings of the existing system in china, but also a positive respond to judicial practice in our country, more importantly, to keeping up with the trend of modern development of criminal law.Beside the introduction and conclusion, this article’s main body part is divided into three chapters:The first chapter is to analyze the fundamental problem of the criminal record. Including what is a criminal record, what is the connotation of criminal records, and analyzes the existing three types of theory of criminal records as well as a variety of legal and none legal effects that criminal records have on criminals.The second chapter is to call for establishing the criminal record storage system. Through examining our nation’s existing criminal record reporting system, together with our country’s actual situations, this article proposes that it is necessarily justifiable in our country to build a corresponding system that can overcomes the drawbacks of criminal record reporting system and that is called criminal record storage system. And then this article proceeds to analyzing the necessity of building criminal record storage system. This article also examines relevant systems in other country and summarizes what our country’s legislation and judicial practice have done about consummating criminal record storage system in recent years.The third chapter is to further rethink our nation’s criminal record storage system, which is based on the perspective of criminal integration. Through rethinking the framework of our country’s criminal record reporting system, this article suggests that it doesn’t interconnect closely enough between criminal law and criminal procedure law of our country. Therefore, based on the perspective of criminal integration, this article reexamines several advices on criminal record storage system of our country. And combining with the three major laws that concern about criminal justice that are most closely tied with criminal record storage system, this article proceeds following arguments from three aspects of substance regulation and procedural progress as well as institutional guarantee.