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The Current Situation And Research On The Criminal Record Storage System Of Juveniles In China

Posted on:2019-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhengFull Text:PDF
GTID:2356330548458239Subject:Law
Abstract/Summary:PDF Full Text Request
In the newly revised criminal procedure law of China,the 275 th article stipulates the system of the record seal of juvenile delinquency.This rule not only takes into account the particularity of the minors' physiological,but also takes into account the influence of the juvenile delinquency to the social stability,which embodies the concept of two-way protection and also conforms to the concept of two-way protection.The current trend of the reform of the juvenile justice system.However,there are many problems in the process juvenile delinquency records,and the applicable standards are not uniform.The practice of "sealing up" rather than "eliminating" for the record of crime has great disadvantages,but if the practice of "eliminating" is also lead to overcorrection,The relationship between "sequestration" and "extinction" needs further research.In this regard,this paper intends to make a redefinition of the concept,and further explores the construction of the system in the future,and puts forward some suggestions for the improvement of the criminal record seal,and hopes to further play the crime in the period of the reform of the juvenile justice system.Record system plays a key role in the protection of minors.The thesis consists of five parts,the first part is the introduction,which mainly discusses the background of this system,the research status and research methods and innovation points.The second part is mainly about the normative analysis of China's criminal record sealing system,including its related concepts,value meaning,interpretation of provisions and the discussion of specific application issues.The third part mainly discusses the problems existing in the system and judicial practice in the system of criminal record sealing system.The fourth part is to compare the domestic and international criminal record sealing system,analyze its similarities and differences,and explore the significance of foreign experience for China.The fifth part mainly puts forward Suggestions for the improvement of the system of criminal record storage,including the improvement of the system of criminal record storage and the formation of the criminal record elimination system and special relationship of the two,in order to better improve our criminal record storage system.
Keywords/Search Tags:Juvenile delinquency, Seal of criminal record, Record to eliminate, existing dilemma, perfecting suggestion
PDF Full Text Request
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