Font Size: a A A

On The Perfection Of My Country's Criminal Record Sealing System

Posted on:2018-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:L JinFull Text:PDF
GTID:2436330548996168Subject:Law
Abstract/Summary:PDF Full Text Request
China's criminal record storage system is a major breakthrough in the establishment of juvenile criminal record storage system,March 14,2012 Eleventh National People's Congress adopted the fifth session of the Criminal Procedure Law Article 275,the creation of the construction of the provisions of the Adult criminal record storage system is a major step forward in China's rule of law.With the progress of the rule of law and the deepening of the concept of human rights protection of criminals,it has become an inevitable trend to expand the scope of application of criminal record storage system.This paper will be based on the establishment of the juvenile criminal record storage system in China,and draw lessons from the advanced practice of foreign criminal record storage system and combine with the successful attempts in China's judicial practice to make suggestions on perfecting the criminal record storage system and expanding its application.The article is divided into four parts.The first part analyzes the difference between two different criminal record,and introduces the concept of criminal record storage,and further introduces the criminal record system of juvenile criminal record.The second part of the Eurasian regional criminal record storage system to conduct a comparative study,analysis of the same and differences,to build a comprehensive criminal record storage system to provide reference.The third part is the fourth part of the bedding,through the elaboration of our juvenile criminal record storage system from the initial judicial practice to explore the final through the legislation affirmed that the criminal record storage system in China has its practical and legal basis for the establishment of a comprehensive crime Record the basis for storage system.Summarizes the shortcomings of the juvenile criminal record storage system in practice,and puts forward the rationalization suggestion to establish the comprehensive criminal record storage system.The fourth part draws up the idea of establishing a comprehensive record system of criminal record from the aspects of legislation perfection,legal supervision,right remedy,accountability and so on.In particular,it puts forward six innovative suggestions:1.Explore the establishment of separate organs for archiving;2.The establishment of a unified computer management system;3.From the university students to the breakthrough,the main body extends to adult;4.Different trial periods are set according to different criminal law;5.When the special restrictions on the establishment of special law,the application of special law;6.The establishment of a hierarchical search system;Storage system as the basis,to promote the establishment of criminal elimination system.
Keywords/Search Tags:Criminal record storage concept, the current system defects, computer management system, adult, probationary period, special law, criminal elimination system
PDF Full Text Request
Related items