| The juvenile criminal record storage system refers to the minors to be sentenced less than five year's imprisonment on the basis of the rule of law,their information about the crime and the sentence and a series of closed by legislatures,in addition to he judicial organs working needs or relevant units in accordance with the query may not make public,keep social effects within a certain range of the system.This system is designed to make the juvenile offender to get rid of the negative label,and to go back to the society easily,in order to try our best to protect the juvenile offender's right.This paper begins with the basic problems of the juvenile criminal record storage system,expounds its background,significance and theoretical basis,analyze the current situation of the system and the problem exists in judicial practice,find the cause of the problem,and also provide some references for juvenile criminal record system.This paper is divided into three parts.In the first part,the author analyzes the basic problems,the back ground,the significance of the system and its theoretical basis of the juvenile criminal record storage system,pointing out that the birth of the system means a great progress of the juvenile justice.Also,this system conforms to the international trend.The author interpret the concept,the subject,applicable condition,the effectiveness and the condition of storage release on the basis of the current law,and point out the problem exists in the rules.In the second part,the author analyze the problem that exists in the judicial practice,and find the causes.There are five main problems currently: First is the conflict between the the juvenile criminal record storage system and the criminal suit system;Second is the different understanding of the effectiveness of the storage;Third,there is no certain specification of the record inquiry;Forth,the coordination between the judiciary is not that good;Fifth,the confidentiality obligation is not clear.Those above problems make the system cannot be implemented,and the minors cannot be well protected.The third part,provide some suggestions about improving the juvenile criminal record storage system.On the basis of those problem and the causes,trying to point out the specific measures.First,try to coordinate the conflict between the the juvenile criminal record storage system and the criminal suit system;Second,to clear the effectiveness of the storage;Third,to create a standard procedure of the record inquiry;Forth,to improve the coordination of the work of this system among the judiciary authorities;Fifth,to clear the confidentiality obligation;Sixth,to point out the development direction of the system. |
PDF Full Text Request