On The Construction Of The System Of The Minor Criminal Record In Our Country

Criminal record will be severely punished, and some of its normal rights by restriction or engaged in industry related qualification deprived, can play a positive role in crime prevention and social defense. However, the long-term existence of the criminal record, there will be a criminal record of minors have many adverse effects, these adverse effects can not be infinite, otherwise, it will be a serious blow to the confidence of minors to return to society. Therefore, it is necessary to establish the system of the elimination of the minor criminal record in order to guarantee the smooth return to the society of the minor who has committed a crime. However, there is no clear and systematic regulation of the minor criminal record in the current legislation of our country. Although the judicial practice departments around the world for more than 20 years of practice and exploration, but the eradication of minors’ criminal record is still not a place in the system of criminal punishment. The elimination of previous conviction is the theoretical foundation of philosophy and criminology, most of the countries in the world also set up the minor criminal record elimination system. In summary, theoretical basis, foreign system of legislation for reference, and the local authorities in the practice and exploration of mature experience, our country should, and can establish a minor criminal record elimination system.This paper is made up of six parts. The first part is the introduction. Mainly include the background, theoretical value and practical significance, research ideas and methods, as well as the layout of the chapters. The second part:overview and theoretical basis. An overview of previous conviction, the elimination of previous conviction respectively with the malpractice and the value are analyzed in this paper. And from the aspect of philosophy and the criminology analysis the criminal record to eliminate the theoretical foundation of the system. The third part:the investigation and summary of foreign legislation. The relevant legislation of the typical countries in the region is studied and summarized, and the foreign legislation is summarized from the aspects of the application subject, the precondition, the time limit, the decision, the legal consequence. The fourth part:The present situation of legislation and judicial practice in china. The legislation evolution of our country in the elimination of minor criminal record is analyzed, and the comparison of judicial practice in recent years has been carried out in order to provide a realistic model for building the system. The fifth part is about the construction of the system of the minor criminal record elimination system in our country. Mainly from the entity level and the process of the construction of the system in the face of the building. The sixth part is the conclusion, based on the summary of this paper, the perfection of the system of penalty execution in our country. With a view to the establishment and perfection of the system of juvenile criminal record elimination, the establishment and perfection of the system to eliminate the system of adult offenders.