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The Research On Juvenile Criminal Record Sealed System

Posted on:2019-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiangFull Text:PDF
GTID:2416330596959808Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
Minors are the hope of the country and the future of the nation.From the modern "Jiao Qichao's "strong national strength" put forward by the modern Liang Qichao,and now General Secretary Xi Jinping puts forward that "youth is a youth,and a young country is a strong country." It can be seen that since the ancient times,the problem of minors in China has been continuously concerned and valued by the whole society.The problem of juvenile crimes closely related to minors and the protection of the legitimate rights and interests of minors are accompanied by rapid economic and social problems.Development,the number and type of criminal cases of minors have shown some new changes and performances.To this end,China has given special protection to the reality of minors in combination with national conditions,so that the principle of "education,probation,and salvation" is implemented,so that criminal minors can return to society smoothly,and they are constantly trying and summarizing.The establishment of the criminal record storage system for juveniles in China is the result of a series of judicial reforms.This is the embodiment of respect and human rights protection and the principle of criminal lenient and strictness in the protection of minors.It also marks that the juvenile justice system in our country is gradually improving..This fills the gap left in the system of exemption from the report of the former syllabus,and realizes the solemn commitment of China to sign the relevant international treaty on child protection,which has great practical significance for the re-socialization of criminal minors.As a social group with relatively special physiology and psychology,minors should be given more procedural protection in judicial power when participating in criminal justice activities.However,because the content of the system is too principled,there is no correspondingly more detailed implementation method or detailed rules,so that in the judicial practice,the criminal record storage system is not operationally enforceable,and the actual operation is in line with the original intention of the legislation.There are many deviations from the situation.For example,there is a uniform understanding of the system by law enforcement agencies,and the operation effect is not satisfactory.Minor protection is a systematic project.Therefore,it is necessary to examine the juvenile criminal record storage system from the problems found in the legislative background and the system operation practice process.Therefore,this paper focuses on the operation of the juvenile criminal record storage system and the basis for analyzing the necessity of the system.In the above,learn from the experience of different countries in the criminal record system,and then combine China's national conditions,legislation,judicial status and the actual situation of juvenile criminal trial reform,and examine the need to improve the existence of the juvenile criminal record storage system in our courts.Then combine some of the experiences summarized in your work to come up with some useful ideas.This paper is mainly composed of introduction,body and conclusion,and the text is elaborated in five aspects:The first chapter is an overview of the criminal record system for juveniles.In a chapter,the author introduces some connotations of the criminal record storage system for minors,including the meaning of the criminal record,the impact it brings,the comparison of the criminal record storage and elimination system,the legislative background and the practical significance,so that it can China's juvenile criminal record storage system has a clear outline.The second chapter is the extraterritorial investigation of the criminal record storage system for minors.Compared with other developed countries such as Germany,Japan,the United Kingdom,Australia,the United States and other countries,the development of juvenile criminal record storage system in our country is not as popular as the above-mentioned countries in terms of system construction.Therefore,the author mainly studies these countries..Germany and Japan implement the system of juvenile criminal record elimination,but there is a difference;the United Kingdom implements a criminal record elimination system and is conditionally eliminated.What Australia is pursuing is the automatic elimination of criminal records.The United States has established a mature system of criminal record storage systems.Through the construction and operation of the criminal record system in the United States and other countries,the criminal record storage system in China is a place that needs further improvement,perfecting the construction of the juvenile justice system in China,so as to protect the legality of minors.Equity work.The third chapter is about the current situation of the criminal record storage system for juveniles in China.By observing the legislative status of the current juvenile crime system in China and the judicial status quo in the implementation of local systems.It can be clearly seen that the criminal record storage system of juveniles in China has gone from exploring to establishing the path and summarizing those experiences.The author believes that it is still necessary to examine the current state of juvenile criminal record storage system legislation in our country,and to see whether the actual landing situation of the juvenile criminal record storage system after the establishment of the system is suitable for the healthy growth of minors.The author will be more aware of the legislation and system implementation of the juvenile criminal record storage system,which is found in the court's criminal trials for minors and the judicial departments of various local courts,providing an observation of minors in China.The judicial trial perspective of the criminal record storage system.The fourth chapter is about the judicial practice dilemma of the criminal record storage system for juveniles in China.Since there is no more detailed and operational implementation method in the legislation,all localities have encountered different levels of difficulties and problems in the judicial practice process.The author will analyze the current practice of juvenile criminal record storage system from the crimes of juvenile crimes encountered in his own juvenile trials,especially the real cases after the criminal records of juveniles encountered in trial practice..The fifth chapter is about the suggestions for perfecting the legal record of juvenile criminal records in China.The author will use the above-mentioned analysis of the current situation of the criminal record-keeping system for minors and the problems that need to be solved,and propose suggestions for improvement from five aspects,such as further improving the system construction and other related supporting mechanisms to strengthen the minor.The special protection awareness of human rights and interests,strengthen the long-term cooperation mechanism with various departments and related units,and how to implement them in detail to improve the criminal record storage system for minors in China.
Keywords/Search Tags:Juvenile, Record Sealed System, Empirical analysis, Construction and improvement
PDF Full Text Request
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