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Research On The Elimination System Of Juvenile Criminal Records

Posted on:2020-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WangFull Text:PDF
GTID:2416330575463320Subject:Law
Abstract/Summary:PDF Full Text Request
Juvenile delinquency is a serious legal issue and a social issue of great concern.Considering that compared with adults,juveniles are not yet mature and have a very weak experience.They are easy to go on the criminal path because of their imitative or behavioral negligence.Therefore,the crime of juveniles should be treated specially.China has always adhered to the principle of “education-based and punishmentassisted”.While punishing crimes,it also pays attention to the protection of juveniles and helps them to return to society better through educational methods.However,once a juvenile bears a criminal record,it is difficult to return to normal social life.The criminal records system achieves the purpose of crime prevention and social defense by proclaiming the legal facts that criminals have been guilty.However,in the long development,the adverse effect brought by the criminal records system has exceeded its function.In the face of this label effect,people with criminal records lose their legal rights and qualifications,and often suffer from social discrimination and other unfair treatment,which brings objective obstacles and psychological pressure to the former offenders returning to the society.The criminal records system also becomes a continuation of the penalty.For juveniles,the adverse effects of such a criminal record are particularly obvious.Even some juvenile offenders are once again on the criminal path because of the cold reception of criminal offenses.This is not only against the protection policy of juveniles in China,but also harmful.For the growth and development of juveniles.Therefore,it is necessary to establish a system for the elimination of juveniles.The criminal procedure law of our country stipulates the special procedure of juvenile delinquency with a special chapter,and expressly establishes the "juvenile criminal records sealing system",which is a beneficial exploration for the elimination of juvenile criminal records system.From the point of our country's present legislation and the judicial practice,the exploration of the juvenile destructive system has never stopped,but they have not reached the expected effect of protecting juveniles.The vagueness of institutional regulations and the inherent contradictions in traditional understanding make the issue of the protection of the privacy of juvenile offenders,the social problems of juvenile offenders and the educational problems of juvenile offenders have not been resolved.Therefore,exploring the establishment of a system for the elimination of juveniles in our country can not only protect the rights of juveniles to better return to society,but also achieve legislative purposes and at the same time be a symbol of social civilization.Combined with outside the legislative and judicial experience,defining the concept of criminal record for juveniles to eliminate system,through to our country legislation to explore in juvenile criminal records system and judicial experience analyzes the necessity and feasibility to establish a minor criminal record system in China.In this way,we propose to build a system for the elimination of juveniles with Chinese characteristics and adapt to China's national conditions,with a view to implementing the relevant situation and policies of China,maximally protecting the rights and interests of juveniles,and providing assistance for their healthy growth.
Keywords/Search Tags:Protection of juveniles, Criminal records, Elimination of criminal records, criminal records sealing
PDF Full Text Request
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