Study On The System Of The Juvenile Criminal Record In China

The new "Criminal Procedure Law" in the "juvenile criminal case proceedings" in the first part of the formal establishment of the juvenile crime record storage system, the introduction of the system to adapt to the international criminal justice of minors, and boost the protection of minors in our country, to protect the legitimate rights and interests of minors has laid a foundation. However, the system in the new criminal procedure law, the provisions of the procedural law is very general, the system in the substantive law, the legal consequences of the lack of clear and unified regulations and in the judicial practice has caused a huge controversy, and the system has the non criminal consequences, there is a conflict of law. In this paper, the above problems as the foothold, trying to explain the minor criminal record storage system itself, comparing the world juvenile criminal record elimination system of the basis, through two cases, conflict problems, the minor criminal record storage system in the criminal judicial practice in a non criminal system the consequences and other legal problems, and the problem of thinking and analysis, try to combine the judicial status in our country with reference to the foreign system, put forward the corresponding countermeasures, puts forward suggestions on Perfecting Legislation of minors criminal record storage system, with relevant supporting measures, help after a step to establish the perfect, in line with China's national conditions the minor criminal record storage system.The article is divided into four parts in structure:The first part is about the origin and the overview of the system of juvenile criminal record, the concept, the basic content, foreign related system, the development of China's system, and points out the legal consequences of the system for the substantive law of the conviction, sentencing.The second part is about the problems of the system of the juvenile criminal record sealed up in practice, which are discussed in the two aspects of the criminal judicial application, the non criminal legal consequences.The third part is about the summary of the problems caused by the system of the minor criminal record in the judicial practice, analyzes the causes of the problem, and the crux of the problem.The fourth part is to improve the juvenile criminal record storage system and its legal consequences, from the legislation, the establishment of supporting measures and other aspects of the author's views and suggestions for improving the system.