Study On Sealing Criminal Recorde System Of Juvenile

Juveniles are the future of our country’s hope, and they have always been the focus of the country to protect. Over the years, the party and the government try their best to build a comprehensive system to protect the legitimate rights and interests of minors from the education, economic, legal, and social and other aspects. On 2012, the criminal record system is established in new “Criminal Procedure Law “. And it is aimed to help juvenile delinquents to return the society system, based on the actual situation that the protection of minors. By this way, we can have a good done to balance the relationship between protect personal interests and maintain social order. What’s more, this move make our country’s judicial reform follow the trend of human rights protection which is more and more important in modern society, especially in criminal substantive law and criminal procedure law. While, the ambiguity of the law has led to the difficulty of practical operation. Review of the development of our country’s minor criminal legislation, and know the actual situation of the current juvenile crime record sealed, and explore the correct value orientation of the system, are all have huge benefition to the system construction, find the problems, and find a solution. This article will be divided into three parts to research the system.The chapter one mainly reviews the development of juvenile criminal legislation in China, and analyzes the legislative reasons of the juvenile crime record storage system, and examines the actual situation of the system in China. The basic situation of the system has a general understanding, and provides the basis for the following analysis. Since the founding of the People’s Republic of China, according to the different characteristics of the minors, the criminal law formulates some Special regulations for minors from the age of criminal responsibility, lenient crime disposal, and penalty. In order to rationalize the relationship between the minor laws, and eventually constructs a good condition to the juvenile offenders to return to society, the system of sealing the Minors’ criminal record was established. At the same time, as the basis of theoretical research, there has an introduction of the actual situation of the minors’ crime record in the judicial practice, and distinguishes some basic concepts.The chapter two mainly analyzes the positive value and the important legal significance of the system. On the basis of this, it makes a simple investigation on the treatment methods of the minor crime record in the foreign countries from the perspective of comparative law. We should view any problems from the point of development, and reduce the negative influence of the crime labels, as far as possible to create a just a good social environment for juvenile delinquents, and limit the penalty of joint punitive consequences. These are minors’ criminal record storage system behind the flash of positive values. Just because the positive value that this system has, we observe and analyze of some civil law countries, such as Germany, Japan, France and Russia, about these country how to deal with the minors’ criminal record and relevant legislation.The chapter three is mainly divided into two parts. The first part is to mainly analyze the defects and shortcomings of the system in the actual operation, based on the above analysis. The main defects of this system are mainly reflect on the following aspects: the absence of the executive body, the improper query conditions, the stiff of starting mode, the lack of liability clause, conflict with the principle of open trial, and the effect is not clear. In order to solve the above problems, through comparing and analyzing, we put forward some thinks about the system relatively but still need to be improved in seven aspects: make the law detailed, explicit the law effect, establish the mixed start mode, strict query terms and procedures, clarify the supervision duties of the procuratorate, establish the system of the right relief, further control of the juvenile criminal case trial procedure.