Research On The Elimination System Of Juveniles In China

Juvenile criminal record elimination system, refers to those was done guilty verdict or any criminal punishment of minors, after have a certain conditions. According to the law or relevant subject of application, the competent record the judicial organs of the cancellation of its criminal record at the legal level restore normal criminal law status of the system.At present, our country has not build the system of juvenile criminal record elimination, the new amendment to the criminal law of the People's Republic of China Criminal Law Amendment (eight) and Code of Criminal Procedure have been newly enacted, but only conditionally narrowing the scope of criminal record speaker, and not fundamentally eliminating the criminal record.Therefore, in order to know our country's legislation judicial status quo,this article does a research on how to build our country juvenile criminal record system with the experience of outside.Except the preface and epilogue, this article is divided into four parts:The first part is an overview of a juvenile criminal record system.This paper targets the group who was done guilty sentence or been meted out criminal punishment as an objects, and it expounds what is a minor criminal record system. And it also points out the meaning and the value of the juvenile criminal record system.The second part examines the current situation of a minor criminal record to eliminate system in China.Although it points out that the existing criminal law has not fundamentally eliminated the minor criminal record, the exploration of the system is beneficial to the minor offenders who want to return to the society.However, due to the lack of supporting legislation on the elimination of non-criminal record and ignore the normative assessment measures did not achieve the desired results.The third part studied on eliminating minor criminal record system abroad. Extraterritorial legislation includes as follow three modes:"criminal record after record in the implementation of the eradication, adult convictions recorded after the elimination of conditional and eliminate the". According to our country, it is of reference significance to build a minor criminal record substantive conditions designed to destroy the system, standard inspection.The fourth part puts forward the suggestion to build our country juvenile criminal record system.This paper make the criminal nature, time limit and the substantial requirements clear in terms of entity shall,and our country shall apply the main body, content, accept, decision and supervision to specific provisions in the aspect of application.