Study On The Sealing System Of Juvenile Criminal Records

The juvenile criminal records sealing system in China,which was formally written into the criminal procedure law in 2012,is a milestone on the road to our country’s legalization.It is also a new breakthrough in the legislation of juvenile protection system,reflecting the principle of ion first,punishment second " in China’s criminal policy.It is an important judicial measure to promote the healthy growth of minors.And it accords to the basic principles and the development direction of the word criminal legislation as well,therefore recognized by the community.However,China’s juvenile criminal record sealing system is not perfect compared with some developed countries and regions-It has not established a system for the elimination of juvenile delinquency records.The current juvenile criminal record sealing system only provides age conditions,sentences conditions,query conditions and the enquiry unit’s obligations,without procedural provisions and related judicial interpretation and auxiliary system.What’s more,these provisions are too general,their operability not strong,and protected parties are partial definited,so the implementations in different regions are inconsistent.They just set up a big framework,but lots of content and details of which need to be further regulated and improved legally.Because of the incomplete system,a variety of problems in the judicial practice makes the social effects in the implementation of sealing system dissatisfactory.Establishing a complete and flexible juvenile crime records sealing system still has a long way to go.The first part of this paper introduces the basic conceptions of juvenile criminal records sealing system and its extension,summarizing its legislative purposes and positive meanings by "the three favorables",and then by using cases certifies further that this system is important for crime minors to transform themselves and grow up healthily and return to society smoothly.The second part adopts the methods of comparative analysis and case analysis to compare the similarities and differences of system construction between Beijing city and Zhejiang province and analyze the problems existing in the judicial practice of juvenile criminal record sealing system,which include imperfections in many aspects,such as sealing subject,sealing range,sealing method,query condition,records management system,legal conflict,information leakage and so on.This part also studies the influences of the sealing system on the mental health and future development of minors.In the third part,this paper brings enlightenmens to the juvenile criminal records sealing system in China by summarizing the advanced legal ideas and experiences of civil law system and common law system.The fourth part combines the current judicial practice situation of the juvenile criminal record sealing system to analyses the reasons of producing them,and find out appropriate entry point to summarizes the methods and experience.Finally,this paper puts forward the suggestions and development direction for the juvenile criminal records sealing system in China from some aspects such as clarifying sealing range and methods,establishing linkage mechanism of various departments,clarifying the subject and conditions of inquiry,perfecting legal aid approaches and legislation and so on.