Study On The Sealing System Of Juvenile Criminal Records

Through the summaries of pilot experiences of the Juvenile criminal record seal system before 2012,Code of Criminal Procedure establishes the current juvenile criminal record seal system,and this measure has important significances in the re-socialization of the juvenile,and it is the implementation and practice of the policy of "education,rescue" and the principle of "education as the main,and punishment as the supplement",and it is the improvement of Chinese juvenile justice system reform with the milestone significances.On base of defining the related concepts of the juvenile criminal record seal system,in this article,it distinguishes the two kinds of systems juvenile criminal record seal system and juvenile criminal record elimination system which have connection relations,and it regards that the juvenile criminal record seal system has the functions of preventing the delinquent juvenile from committing crimes again,promoting the re-socialization of the delinquent juvenile,linking up the related laws and regulations of the juveniles and following the development trend of the international juvenile protection.The theoretical principles of Chinese juvenile criminal record seal system include the social control theory,crime label theory and objective punishment theory.As the hard control method in the social control methods,the juvenile criminal record seal system has played positive roles in promoting the successful re-socialization of the delinquent juvenile.And meanwhile it connects the crime label theory with the social bond theory by Hearsey,and proposes the reasons why the delinquent juvenile might committee crimes again,as well as the importance of sealing the criminal record to prevent his re-committee crimes.The criminal record seal system confirms to the special prevention purpose in the objective punishment,in order to prevent the delinquent juvenile from committing criminal behaviors again in the future.The United Nations Minimum Standards for Juvenile Justice and The United Nations Rules for the Protection of Children from Being Deprived of Their Freedom are two basic international covenants of protect juvenile.The United Nations Minimum Standards for Juvenile Justice connects the criminal records of the juvenile offenders with the characteristics of "secrecy" of the right of privacy,and emphasizes the protections to the privacies.The United Nations Rules for the Protection of Children from Being Deprived of Their Freedom stipulates the conditional criminal record elimination as well as the right of the juvenile for relief on base of improving the previous international covenant.France is the original country of the criminal record elimination system;compared with the other country,the criminal record elimination system of Germany is not only more mature and rigorous but also separately stipulates its particular central archive management system;UK makes strict limits on the conditions of the juvenile criminal record elimination.From the year of 1994,all regions in China successively started to explore the juvenile criminal record seal system,and the major pilot modes included issuing the criminal record elimination certificate,making zero of the minor crime record,juvenile criminal record seal as well as limited publications of juvenile criminal stains,in order to provide the experiences to establish the juvenile criminal record seal system as well as the improvements in the future.The article proposes the defects or confusions such as narrow application range,incomplete application body,unspecific application process,unclear legal validity absent relief approach,conflict with the current laws and the inadequate supporting facilities in the current applications on base of discussing the text rules of the Chinese juvenile criminal record seal system in the latter half of the article.Aiming on the above defects,in this article it proposes the corresponding improvement measures,which mainly includes expanding the application range,defining the application body,perfecting the application process,clarifying the legal validity,stipulating the relief approach,eliminating the legal conflicts,establishing the complete juvenile criminal record archive management system as well as optimizing the resettlement assistance and education and community correction works.In addition to focus on how to complete the juvenile criminal record seal system,the author thinks that it is also very important to consider about the future development direction of this system.Seeing from the current development situation in Chin,it is impractical to immediately establish the juvenile criminal record elimination system,however we could adopt a transition mode—by establishing the time limit terminate the query of the juvenile criminal record,and gradually exploring the possibilities and timing for China to establish the criminal record elimination system,and with the social development and transformations of the social ideas,China will finally establish the juvenile criminal record elimination system in the future.