The Research Of The Minors Criminal Record Sealed System Of Our Country

The minor criminal record sealed system was established,which is a great progress of the criminal justice of our country. When we see the progress of justice.we should also clearly recognize the following questions:although our country established the minors criminal record sealed system,the system only established general framework.It had many problems due to the lack of practice and theory.Therefore affects the effectiveness of the system. Through studying the current situation and problem of the minor criminal record sealed system,combined with advanced experience, put forward the suggestions to perfect the system, and points out the future direction of the system.Begins with the concept of the minor criminal record sealed system,analysis the value of the system.Then introduces a similar system of extraterritorial:the minors criminal record elimination system.And distinguish the minors criminal record sealed system from the minors criminal record elimination system.Therefore,we can get useful experience from foreign countries and make up for the lack of the legislation of our country.Having understood the process of exploration and establishment of the system,this paper learn the present application situation of the minors criminal record sealed system through typical cases. Then, analyze the problem of the system by provisions, system coordination and practical problems.According to imperfections and poor coordination of the system, put forward the following suggestions:To enhance the system flexibility.the minors who make a special contribution to country can relax the applicable conditions.To guarantee effectiveness of the system,delete "Relevant units can query according to state regulations".To enhance sealing effect,add remedial articles of the violation of sealing and secrecy.To increase the system coordination,establish a unified sealed system and so on.Finally,This paper points out the future trend of the minors criminal record sealed system of China. This paper put forward the conception that the minors criminal record sealed system of China should be upgrade to the minors criminal record elimination system.And point out our choice should be the minors misdemeanor record elimination system.Then,in order to maximize the optimal and special protection to minors, design the system from the aspects of basic principles, applicable conditions and procedure.