Research On The Juvenile Criminal Record Storage System

Minor crime, as a complicated and increasingly common social phenomenon, has been attracting increasing attention from all sectors of society. In order to protect those juveniles from the negative influence of their criminal records later in life, it is necessary to conduct in-depth study and exploration on juvenile criminal record storage system for a criminal record storage system that is juvenile for China's judicial practice.In 2012, The criminal procedure law of the People's Republic of China(hereinafter referred to as The law of criminal procedure) The provision of article 275 has it that: " If the offender is under the age of eighteen when the crime is committed and sentenced to imprisonment for five years or under, the relevant criminal record should be sealed. Once sealed, the criminal record must not be provided to any units or individuals, except for conditions when it is needed by the judicial organ for handling a case or by relevant units for query according to state regulations. Units conducting the query in accordance with the law should keep the sealed criminal records confidential. Then the article 490 of the Supreme People's Court on the application of Criminal Procedure Law of the People's Republic of China passed in the 1559 meeting by the judicial committee of the Supreme People's Court has made its interpretation as well:” If the criminal record of the offender who is under the age of eighteen when the crime is committed and sentenced to imprisonment for five years exempted from criminal punishment shall be sealed.” These Provisions have made up for the blank of juvenile criminal record storage system and is of great significance for the protection of the interests of minors. Thus, it is urgent to establish a juvenile criminal record storage system of China. The legal provisions above provides only a rather general idea on this system, which calls for further clarification of the cognitive standards, entity elements and program design.Through the comparison of relevant domestic and foreign provisions about the juvenile criminal record storage system and the similar system of eliminating criminal record, the relations and differences between them are analyzed and summarized, meanwhile, the advantages and experience of others are also used for reference to improve and fulfill the juvenile criminal record storage system in China.The first part of this paper elaborates the concept, characteristics and significance of juvenile criminal record storage system; the second part mainly summarizes and analyzes the practice status quo and defects of China's juvenile criminal record storage system; the third part summarizes other countries experiences of setting provisions on juvenile criminal record storage system; the fourth part provides a perfected version of juvenile criminal record storage system from three aspects: cognitive standards abroad, entity elements and program design.The juvenile criminal record storage system is an important measure to protect the physical and mental development of minors, acting as a major driving force behind the re socialization of juvenile delinquents. With the research on juvenile criminal record storage systems abroad and the analysis of the current situation of domestic juvenile criminal record storage, the juvenile criminal record storage system in China is expected to go through continued perfection so as to provide better protection for their interests in practicing judicial protection of minors, making it easier for them to adapt to society in their future lives.