Discussion On The Construction Of The Elimination System Of Juvenile Criminal Record

System of juvenile crime record elimination refers to the legal system concerning events that when a juvenile with the age between 14 and 18 implemented certain behaviors and the people's court declared his criminal responsibility,after the judge came into effect but certain related statutory requirement be satisfied,then the criminal record can be eliminated,the legal status in civil life and private rights can be restored even to the complete status through necessary legal process.The foundation of the system of crime record elimination aiming at juveniles can help the juveniles return to the normal social life smoothly,guarantee the special preventability of the criminal penalty,and protect the legal rights and interests of the juveniles effectively,which is also the basic requirement of our country fulling the international obligation.So far,most countries of the world have established system of criminal record elimination aiming at juveniles.With different cultural and institutional backgrounds in different countries,the legal system varies greatly,and there are also many differences in the system of juvenile criminal record elimination.There are two ways of criminal record elimination,namely,the automatic elimination and the elimination according to the application.In some countries,the elimination of the juveniles criminal records is unconditional,and in some countries,certain violent crimes are excluded to be eliminated.Most countries stipulate time limit for the juvenile criminal record elimination,yet other a fews do not.The decision organs for the elimination of juvenile criminal record in different countries are basically the same,which are judges or juvenile judges.From the perspective of legal consequences,it is the same in different countries' s regulations that after a juvenile's criminal record be eliminated,he is regarded as no criminal record in legal level,all of his entitled rights being restored simultaneously.Many of these regulations are worth our country to use for reference.China has also promulgated some laws and regulations related to the elimination of juvenile criminal record.China's criminal law abolished the juvenile recidivism system,and added exemption from reporting obligation of juvenile criminal record of misdemeanor,law of criminal procedure added provisions related to the sealing of juvenile criminal record.Concerning the local characteristics,some courts promulgated a series of implementing measures and tentative guidelines of juvenile criminal record elimination.The system of elimination of juvenile criminal record began to known by the public,and has gradually become a hot topic concerned by the masses.All of these have laid a good foundation for the construction of the system of juvenile criminal recored elimination.Concerning the legislative and judicial status at present in our country,to construct the system of juvenile criminal record elimination,the first job is to revise and improve the existing laws,when conditions become ripe,the existing laws and regulations can be integrated,and the special <Juvenile Criminal Law> can be published,which should clearly define the system of juvenile criminal record elimination in the virtual conditions and procedures,and the legal consequences of the elimination of the criminal record.To run a system smoothly,it is far from enough to rely solely on the provisions of the system itself,but the perfection of the supporting system,therefore,it is also essential to reform the household registration and filling system,complete the resettlement work,eliminate the social discrimination psychology,provide the necessary relief,establish a complete supervision and accountability mechanism etc..In this way,the system can be truly implemented,and truly play a role in protecting the rights and interests of juveniles.