On The Perfection Of Criminal Record System

Criminal Record refers to criminal punishment is completed,the person's legal status. Understanding of the concept of criminal record, abroad to our country also there will be confused situation. Fully understand the criminal record concept, accurately record purpose of criminal law, first step is to perfect the criminal record system. Through detailed comparative analysis, this paper argues that record to personal risk as the foundation, to deprive the criminal ability, realize the former inmates social return as value pursuit. In the era background, pay attention to the guarantee of human rights for the record the rights and interests of deprivation is too casual and demanding. How to realize the value of balance, incapable of committing a crime shall be stripped at the same time, the implementation record of personal rights, for the former inmates for return path, is the core factor of improve the system of criminal record.This paper is divided into five chapters content, specifically as follows:The first part: criminal record to explore basic problem. This part is the foundation of the whole paper, a comparative study from the concept of criminal record at home and abroad, put forward his understanding of the concept of criminal record. Through the concept of criminal record further discussed, thus draw the conclusion: record on the basis of personal danger, ability deprivation and social return to crime as a composite value pursuit, this is the basis of the criminal record system build and perfect.The second part: the system of our country's criminal record. Through the definition of the concept of criminal record above, this paper introduces our country law about criminal record, and undertake the above analysis of the criminal record purpose of criminal law, because of the different value, the criminal record system is divided into two parts. Part is criminal ability means of deprivation, including punishment deprivation, labels, isolation, qualification restrictions, collective punishment effect four forms; The other part is the bridge of former inmates socialreturn, is mainly a minor misdemeanor criminal record system.The third part: the problems existing in the system of criminal record in China. Legislation and judicial practice through the criminal record two Angle analysis, found that the existing criminal record system has the following three aspects: first, the legislation of criminal record showed a trend of escalation, the rights and interests of former inmates constantly deprived; Second, we didn't get the record of social return value, the criminal label become a lifetime of many former inmates chains; Third, a minor misdemeanor criminal record system is a series of problems still exist in practice.The fourth part: the criminal record system perfect measures. Answer to the question of the in front of the third part puts forward to perfect record system targeted here. Concrete measures are: the concept of criminal record legislation, legislation to record more carefully; Imitate foreign judicial practice to establish Chinese complex right system; Improve the system of juvenile misdemeanor criminal record wiped out. For most of the record of social return. The practice of any system is entirely a matter of social together to complete, whether it is a reform of household registration files, perfect the judicial relief, build the system of criminal record query, the implementation of the government support or reinforce the media bear, a series of measures, both are essential to improve the system of criminal record on the road.