Research On The Criminal Records Sealing System Of Juvenile Offenders In China

In recent years,with the frequent occurrence of vicious crimes committed by juveniles,the social media increasingly has paid more and more attention to the juvenile crimes.How to make juvenile delinquents return to the society after being punished is a significant issue that has always been in the spotlight.In 2012,China formally wrote the juvenile criminal record storage system into the Criminal Procedural Law,which was not only the new progress of the legal work in China,but also reflected the progress of the juvenile justice concept and the judicial measure reform.The juvenile criminal record storage system relatively started late in China.Compared with the foreign mature systems and handling methods,there are still some deficiencies in the system and handling of the juvenile criminal record storage system in China,such as its provisions are too systematic and principled,and its operability is weak in the judicial practice of criminal procedure.In addition,it also has a certain distance from robust systematic and standardized juvenile criminal record storage system in our country.If these related problems are not studied and put forward the corresponding countermeasures,it will be possible to make the storage effect of juvenile delinquents' criminal records difficult to reach the legislative expectation.Therefore,it is the reason why this thesis chooses this topic.This thesis adequately applies the methods of literature research,comparative research and case study and others,which takes the social return of juvenile delinquents and the overall balance of social interests as the starting point to explore the existing problems in the juvenile criminal record storage system in China and the dilemmas in judicatory practice,so as to further improve the storage system and strengthen the storage effect and put forward new ideas.It is divided into four parts:The first part principally introduces the historical development and connotation of the juvenile criminal record storage system and analyzes the theoretical basis andvalue of the storage system.The second part primarily analyzes the existing problems in the juvenile criminal record storage system and the dilemmas in judicatory practice,so as to provide targeted suggestions for the following countermeasures.The third part mainly studies the handling mechanism of the juvenile criminal record in the foreign countries represented by the United States,Germany and Japan,analyzes its positive experience and the enlightenment to the improvement of the relevant system in China.The fourth part chiefly puts forward to perfect countermeasures and suggestions of the juvenile criminal record storage system from three perspectives,which are legislation,judicatory practice and future expectation.