Research On Sealing Off System Of Juvenile Criminal Records

On the one hand, criminal record reporting system can play a positive role in the punishing and preventing crime, on the other hand, it make us ignoring the function of education and reform of criminal law. Minor offenders as a special social group, can’t enjoy the same treatment of the other members of the society in the aspects of education, employment and enlistment, because the criminal records give them labeled as a crime. In order to achieve the special protection of minor offenders, the new "Criminal Procedure Law" and the "eighth Criminal Amendment" establish the "Sealing off System of Juvenile Misdemeanor Criminal Records", in accordance with legal procedures to sealing off the criminal records by special department. In addition to judicial organs and related units that need handling cases according to the provisions of the state, any other units and individuals can’t query the criminal records. So we can control the influence of criminal records, and minimize the damage for minor offenders. As an exploratory judicial practice, "Sealing off System of Juvenile Criminal Records" has achieved good legal effect, but it still has defects and shortcomings. The system also exist some conflicts with legal systems and legal norms of our country, so we need to further improve and strengthen the construction of supporting mechanism in order to avoid more difficulties in practice. As the "Sealing off System of Juvenile Criminal Records" gradually becomes mature, we may try to construct juvenile Criminal record elimination system with Chinese characteristics, to protect minor offenders completely.This paper is divided into five parts to clarify the "Sealing off System of Juvenile Criminal Records".Firstly, this paper describes the defects and shortcomings of criminal record system of our country, pointing out the particularity of juveniles and the adverse effects of criminal record system. Establishing the "Sealing off System of Juvenile Criminal Records" is necessary and rational from the perspective of value function.Secondly, this paper briefly describes the practice and exploration of main countries of the two legal systems, and the international rules of the United Nations convention, which provides related references to improve the "Sealing off System of Juvenile Criminal Records" of our country.Thirdly, this paper describes the process of establishing the "Sealing off System of Juvenile Criminal Records" and its status quo. On the one hand, the implement of the system get the support of social from all walks of life, running in good condition; on the other hand, individual cases exposed the phenomena which shows that sealing is lax during the practice of this system. Through the case of "Li Tianyi", we can conclude the practice difficulties of the "Sealing off System of Juvenile Criminal Records".Fourthly, the author puts forward some construction ideas of the system, according to the defects and shortcomings of the "Sealing off System of Juvenile Criminal Records". In terms of entity, we should clear object storage, storage conditions, storage contents and seal effect; in terms of procedure, we should carry on the design and specification in the aspects of starting the sequestration, hearings, query and audit. At the same time, the "Sealing off System of Juvenile Criminal Records" can’t work independently, and it also needs relevant supporting measures to guarantee.Fifthly, this part describes the prospect of this system. It shows that it is not enough to sealing off the criminal records, elimination is our ultimate goal. But juvenile Criminal record elimination system can’t accomplish in an action, we should formulate short-term measures and long-term goals according to our country’s state step by step.