The Views On The Sealing System Of Juvenile Criminal Records

In the light of the characteristics of special groups of juveniles and the severely criminal situation of juveniles,how to prevent juvenile delinquency and how to better protect the rights and interests of juvenile prisoners has always been a hot issue of great concern to the society.Article 275 of China's Criminal Procedure Law,which was revised in 2012,stipulates the sealing system of juvenile criminal records,which creatively protects the right of criminal juveniles to return to their normal social life,reflecting the educational policy of “educating,probing and saving” juveniles.However,this provision is relatively general,and there are still many problems to be solved urgently.First of all,this paper discusses the basic concept and extension of the sealing system of juvenile criminal records,and sums up the purpose and significance of its legislation through the “three advantages”,and adopts the sealing system of juvenile criminal records to compare the real cases before and after to further illustrate the necessity of implementing this system.Secondly,setting out from the practice,this paper makes an in-depth analysis of the operation of the system,and probes into the unreasonable problems existing in the sealing system of juvenile criminal records in China from the four aspects of sealing,inquiry,secrecy and relevant legal convergence,and delves into the causes of the problems.Thirdly,via the analysis of the primary practices of the international community,civil law system and Anglo-American legal countries,this paper targets at providing reference materials for improving and perfecting the sealing system of juvenile criminal records in China.Finally,in accordance with the above analysis,this paper summarizes a series of measures to improve the sealing system of juvenile criminal records in our country,such as broadening the starting mode,defining the subject of sealing,perfecting the scope of sealing,defining the subject of inquiry,standardizing the conditions of inquiry,controlling the subject of contact,perfecting the mechanism of accountability and relief,in an effort to solve the problems existing in the sealing system of juvenile criminal records to the maximum extent and protect the legitimate rights and interests of criminal juveniles.