Research On Seal System Of Juveniles' Criminal Record Of China

The sealing system of juvenile delinquency has a history of nearly six years since the revision of the Criminal Procedure Law of the People's Republic of China in 2012.There were a lot of problems during the period,including whether the record of juvenile delinquency should be sealed up or eliminated,and whether or not the assumption of the privacy of juvenile delinquency should be made.Through the method of combining the document research and the empirical research,the author finds out the existing problems in the current system and puts forward the suggestions for the reform.This article is divided into four parts.The purpose and significance of the article are explained at the beginning of this paper.The first part is theoretical research,including the concept,content,principle,value and research status of the criminal record sealing system of the juveniles in China.The second part compares and analyses the relevant systems and practice of France and Germany in the continental law system,Britain and the United States in the common law system,and puts forward the essence that China should learn from.The third part reflects the problems existing in the system through empirical research,which is mainly reflected in the following three aspects: legislative conflicts,insufficient privacy protection,unreasonable sealing object unclear sealing procedures and weak links in the implementation and a lack of ways of infringement relief and returning to society.In response to the above problems,specific improvements are proposed in the fourth part,including improvement of laws and regulations,balance of interests,the establishment of classified sealing and conditional elimination mechanisms,refinement of the implementing procedures,improvement of the weak links,and the supporting mechanisms and advancement of rehabilitation promoting rehabilitative.In view of the fact that there is no distinction between misdemeanor and felony in the current system and of juvenile criminal records,sealing system and there is no specification of the sealing up of newly-committed crime and omitted crime.This paper suggests that the following reforms could be carried out.First,to distinguish the time limits of misdemeanor and felony.For the young people who have been sentenced to five years of imprisonment for eighteen major crimes such as intentional homicide,rape,robbery,etc.,their criminal records should be sealed as felony records.The storage period is longer than other crimes.Secondly,after the record of the crime record is sealed,the part shouldering the obligation of administration and relief,should not only help the youth to start with a new slate,and make a good preparation for the incoming assessment.In this way,the sealing system will not only help the youth serving as an “umbrella”,but also help them to become better which is the core of the spirit of law.When the record of the crime of misdemeanor reaches the age limits of elimination and the record of the felonies meet the age limits of being shortened,all there cords can should be evaluated synthetically by the main body of the behavior and psychological state of the parties during the period of the record of the crime,which should be eliminated or reduced in accordance with the criteria of the assessment.In the end,it is the treatment of the criminal records of the new crime and the omitted crime.This essay puts forward different sealing methods according to the age of the youth of the new crime and omitted crime,and the implementation of the original crime when the new crime and omitted crime are detected.