A Jurisprudential Analysis Of Minors Criminal Record Sealed System

The article 275 of the Criminal Procedure Law issued in 2012 stipulates that: "Where a juvenile has not attained the age of 18 when committing a crime and is sentenced to fixed-term imprisonment of five years or a lighter punishment, the related criminal records shall be sealed for preservation. The sealed criminal records may not be provided to any entity or individual, unless as needed for a judicial authority to handle cases or for consultation by relevant entities according to relevant state provisions. Entities legally consulting such records shall keep record information confidential. " This is called by academic “minors criminal record sealed system”. As the name suggests, this is a system where it is on the basis of law, and that agencies in authority will be convicted minors correlation decisions, crimes and other information kept closed. Unless as needed for a judicial authority to handle cases or for consultation by relevant entities in law, the sealed criminal records shall not be open to the public, and the social impact of it shall be limited to a certain range. Followed the relevant judicial interpretations of law also made particular provisions for it, which means that the level of juvenile justice has been further improved. However, there are still some defects for the content of the system itself, such as lack of feasibility, much too principle and imperfect of legal support system.In this paper, the methods of chart, comparative and experience's summary are applied to analyzing the various Interpretations for its concept and to the institutional building of minors criminal record sealed system in China. Then, compare minors criminal record sealed system with the Abolition of Crime Record, which directs to expanding the analysis of the similarities and differences between them, to draw the characteristics of minors criminal record sealed system. According to this, we decide and understand the far-reaching impact and value of the establishment of this system in the aspects of law and natural life.In order to promote the role of minors criminal record sealed system and improve our law system, this paper will focus on the design for its procedure, suitable conditions andsupport measures and give appropriate recommendations for improvement. Minors criminal record sealed system is an important part of which will ensure to achieve a unified ideology of human rights in principle, and is one of the key elements in the process of carrying out the protection of minors in our country. This requires to build long-term mechanism for this system, and to actively create a good social atmosphere, and to apply the faith of understanding and tolerance to minors forming a new awareness of themselves and society, and then effectively ensure juvenile offenders to integrate into society in a kind of "equal" identity.