Research On The Punishment Of Attempted Instigates-the Problem And The Consummation On The Second Paragraph Of Article 29 In The Criminal Law Of PRC

In recent year, in order to promote the juvenile criminal justice and healthy development of our country made in improving the juvenile criminal justice in many efforts to establish a minor criminal record sealed system which is a major achievement, the outcome of the main provisions of the new "criminal procedural law" the 275th regulation.It regulats the crime of eighteen years of age, be sentenced to fixed-term imprisonment of not more than five years of the following sentences, and shall set forth the relevant criminal record shall be sealed. Criminal record was sealed, shall not be provided to any unit or individual, but the judicial organ for handling needs or relevant units according to the regulations of the state, unless the query. Query units according to law, shall be sealed criminal records confidential.Constrained by the limitations of the new "criminal procedural law" the 275th regulation, although the legislature and the judiciary by enacting judicial interpretation to perfect this system, but the practical operability of the law are still to be promoted. Therefore, this article through to the minor crime records sealed system overview, the system on the problems existing in the judicial practice and how to perfect the system and other related content, using survey research, comparative analysis and other research methods, trying to continue to improve the system of minor criminal records sealed operability make recommendations in the judicial practice in our country. This paper consists of four parts, its structure specific as follows:The first part, in this paper, the minor crime records sealed system and related concepts, elaborated this has been clear about the minor crime, minor crime records and definition of minor crime record storage system. The second part, this paper introduces the international conventions and foreign legislation in the relevant provisions on the minor criminal record elimination system, and especially in the field of juvenile criminal justice work accomplished countries are compared, and the list of extraterritorial legislation which based on the tolerance and the value of the education concept of stakeholders sin minors’ legitimate rights and interests protected, and this kind of cognition and for related crime minors in our country "education, influence and save" the policy, as well as the author in the article perfects our system of minor criminal record storage section provides a reference and inspiration. The third part, this article elaborated the present our country minor crime records sealed the flaws of the system, including open storage procedure main body of the unknown, criminal record applicable scope is too narrow, lack of the corresponding relief means and social foundation weak and so on. The fourth part, the paper focuses on clear seal application startup subject, scope of application of conditional expansion seal and strengthen mothball main body responsibility consciousness, and contact the reality of our country draw lessons from international convention and foreign relevant legislation spirit and practice experience, puts forward specific solutions and Suggestions on the system.