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Research On The Juvenile Criminal Record Storage System

Posted on:2020-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2416330572962003Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal record refers to the objective record of the state's specialized organs on the situation of criminals.The original intention of the state to establish a criminal record storage system is to help the relevant departments to prevent and control crimes and maintain social order by reasonably registering and effectively managing the information of criminals.However,for juvenile offenders,the disclosure of criminal records will seriously affect their academic,employment and interpersonal relationships,which is not conducive to their return to society in the future.This is contrary to China's “education-based,punishment-assisted” juvenile criminal policy.of.The Criminal Procedure Law promulgated on March 14,2012,in which Article 275 defines the juvenile criminal record storage system,which is designed to eliminate juvenile delinquency,taking into account the psychological and physiological specificities of juveniles.The “crime label” of people provides better protection for minors and helps them to return to society smoothly.However,since its implementation,the system has also exposed the lack of norms at the level of the main body of the deposit,the subject of the inquiry,the process of unblocking,the validity of the law,and the lack of clear consequences.At the same time,combined with the "6.28" incident in Li'an,Li Moumou and other minor criminal cases,we also recognize the confusion in criminal practice such as the easy disclosure of criminal records,the effectiveness of litigation,and the lack of convergence with relevant laws and regulations.The ambiguous regulations severely restrict the operability and authority of the juvenile criminal record storage system in implementation,and may even make the criminal record of juveniles a piece of paper.On a world-wide basis,juvenile justice in our country started late.International conventions and many countries outside the country have established a relatively mature system of juvenile criminal record storage and even a criminal elimination system,which have provided valuable experience for China.To improve the criminal record system for juveniles in China,it is necessary to expand the scope of application,clarify the applicable subjects,unify the procedures,determine the effectiveness of litigation,establish a database of national criminal records,clear up conflicts of laws,andstandardize the work of judicial organs.The system is more standardized and reasonable.It is necessary to continuously explore the criminal record elimination system while constructing relief measures and promote the development of the criminal justice system for minors in China.
Keywords/Search Tags:Minor, Criminal record sealed, Sealing effectiveness
PDF Full Text Request
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