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The Research Of Juvenile Criminal Records Sealed System From The View Point Of Human Nature

Posted on:2016-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z TangFull Text:PDF
GTID:2297330464974832Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
International law scholars pay more attention to the legal protection of human rights, the lay stress on People-oriented, which means they conduct the judicial reform on taking man as the foundation. As a vulnerable group, the juveniles are not a miniature version of the adult. They cannot understand or express their aspirations clearly because of the limited cognitive abilities. Therefore, the juveniles’ rights are easily to be neglected, and this is why the juveniles need extra protection especially. In recent years, we made considerable progress in the protection in the juveniles’human rights in our country. In terms of the trail and sentencing, the rule to deal with the juveniles is dominated by education correction, but supplemented by punishment, which mean we punish the juveniles in a lighter or mitigated way generally. However, we still need to perfect the way to deal with the juveniles’criminal records, which is very important on the juveniles’ future growth, because comparing with the intenseness of the penalty, the influence of the continuity of the penalty on human’ hearts is larger. Therefore, the juveniles’criminal records should be sealed up, which will have an essential and positive influence in the juveniles’return to the society after accepting the education.The article tries to analyze the juvenile criminal records sealed system in current China from the eyesight of human nature, and find a way to take into account if protection between the interests of the juveniles and the society.Part one:The analysis of the connotative meaning of the juvenile criminal records sealed system. Induct and consolidate the relative concept of the juvenile criminal records sealed system, find out the value theory and the foundation and explain the effect after enforcing this system strictly.Part two:By inquiring into the human nature, this part analyzes the rationality and necessity of the existence of the juvenile criminal records sealed system from the aspect of benefit human’s development.Part three:The comparison of investigating the extraterritorial laws. Focus on the way of dealing with the juvenile criminal records from the United States, Germany, France, Italy, Russia and Taiwan. Explore the significance for our country by analyzing the similarities and differences of the juvenile criminal records sealed system among these typical countries.Part four:Contact with the actual situation of our country, summarize both the progress and the problem of the current juvenile criminal records sealed system in our country. Propose practical and effective methods on dealing with these problems.Part five:Raise the expectations and vision about the juvenile criminal records sealed system. Try to reach the goal of establishing the system of eliminating the juveniles’ criminal records.
Keywords/Search Tags:Human nature, the juveniles, juveniles, criminal records sealed system, the elimination of criminal records
PDF Full Text Request
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