On The Deficiency And Perfection Of The System Of Minor Crime Records In China

The archive of the minor criminal record refers to the judicial organ to make the criminal punishment to the minor after the crime of criminal law which is in accordance with the law,It is determined by the technical operation that the internal storage of the criminal record is not included in the relevant personal files,Non statutory subject matter and non statutory procedures shall not be allowed to inquire the work system?The crime record is different from the crime record,Sequestration does not have the effect of the elimination of the law,Only in order to limit the legitimate rights and interests of minors,to limit the query ? The preservation of criminal records can provide data support for the management of the state.But the existence of criminal record has a negative effect,For a minor who has committed a crime,is a major obstacle and stain in the future life.May lead to their life is difficult to get rid of being discriminated,marginalized situation.China's juvenile crime situation is grim,highlighting the phenomenon of younger age.This not only affects the healthy growth of minors,Also easy to cause the relationship between family members and relatives of the relationship is not harmonious or even rupture,Cause social instability.The system of the criminal record of minors is the principle of the public's knowledge of the crime of the crime of the crime of blocking the minors.So as to exert influence on the "label effect" of the criminal record.To provide a fair and favorable social environment for the return of minors to the society.In 2012,China's newly revised "People's Republic of China criminal procedure law"(hereinafter referred to as the "Criminal Procedure Law")275th provisions:When the crime was less than eighteen years old,Was sentenced to five years in prison following the penalty,The relevant criminal records should be sealed.The criminal record is sealed,Shall not be provided to any unit or individual,But the judicial organ for handling the case or the relevant units in accordance with the provisions of the state to check the exception.Units according to law,Shall keep the records of the records kept secret.2011 <criminal law amendment(eight)">in the provisions of the 100 th provisions of the crime of eighteen years of age when thecrime of minors,Was sentenced to five years in prison for the following sentence,exempt from the provisions of the preceding paragraph reporting obligations,These two methods are in the procedural law,substantive law on the minor criminal record of the provisions of the seal system.Especially in the case of the rapid development of the current media,The record of minor crime is particularly important.However,there are still many problems in the practice of the system.Example,Supporting measures are not perfect?Sealed subject is not clear?Archive program is not perfect?Scope and depth of application ? the lack of supervision and relief way after the disclosure of the information of the minors involved in crime.This article will use the comparison and the experience summary method,by comparing the differences between the system and the elimination of the criminal record of the minor,the difference between criminal record and illegal record,analysis of the negative effects of the criminal record system,to clarify the situation of the crime of minors in China,So as to explain the positive significance of the criminal record and seal system of the minor;Through the system in the legislative and judicial practice of the situation,it is concluded that the minor criminal record seal system in our country is supporting measures?Sealed system content?remedies and other aspects of the lack of;Draw lessons from foreign experience,summarize the practice of domestic departments in dealing with the way of juvenile delinquency,Combined with the actual situation of our country,based on the mechanism of the system of the minor criminal record storage,Supporting measures in the system of the criminal record of minors ? Sealed system content ? Suggestions on the ways of remedy.