Research On The Sealing System Of Juvenile Criminal Records In My Country

The Criminal Procedure Law amended in 2012 adds a chapter on the criminal procedure of juvenile criminal cases,conforms to the legislative trend of protecting juveniles in the international arena,and has established a number of systems for education and saving juveniles,criminal record storage system this is one of the important systems.The criminal record storage system for the juveniles who commit minor offences to confess their guilty pleas and ask the case-handling authorities,units and individuals to keep the file records of the criminal records of the juveniles confidential.The system can effectively reduce the negative impact of former criminal status on juveniles and help them re-enter society as soon as possible.In the 2019 highest inspection "2018-2022 Procuratorial Reform Work Plan",it proposed to improve the procuratorial work mechanism for juveniles,and explore the establishment of a system for critical prevention,family education,grading and protection of juveniles.The criminal record storage system for juveniles should also consider the concept of grading.Article 286 of the Criminal Procedure Law has only simple principled provisions.In order to solve the problems exposed by the criminal record storage system in China,the author has handled the minor procuratorate of the X District X Procuratorate for nearly 4 years.Aftersummarizing the data of the juvenile cases concluded,it explores the crimes of juvenile delinquency and analyzes the shortcomings of the juvenile criminal record storage system.At the same time,draw on the relevant institutional regulations of the United States,Germany and other countries.Improve China's criminal record storage system.With the exception of the introduction and conclusion,the document is divided into four parts.In the first part,the author introduces the concept of hierarchical treatment in the criminal record storage system for juveniles,and outlines the criminal record storage system from the perspective of grading.This section first briefly analyzes how the concept of “hierarchical encounter”is embodied in the legal record system for juvenile criminal records.Subsequently,the legislative background and legal provisions of the criminal record storage system for juveniles in China were introduced.Finally pointed out the value of the system.The second part is the extraterritorial legislation of the juvenile criminal record storage system and its enlightenment to China.This paper analyzes and summarizes the criminal record system of juveniles in the United States,Britain,Germany,France.Through the above-mentioned relevant national legislative practice,the corresponding enlightenment is obtained from it.The third part,by combining the data of the juvenile crime caseshandled by the uninspected department of the Procuratorate of the X district from 2015 to 2018,listed the deficiencies in the legislation of the juvenile criminal record storage system from the perspective of hierarchical treatment,including the storage The scope of application of the system is unreasonable,the sealed criminal records may be leaked,the criminal record sealing system has not achieved its actual purpose,the lack of relief means and supervision procedures,and incomplete supporting measures.The fourth part focuses on how to improve the juvenile criminal record storage system in China from the perspective of hierarchical treatment and the further regulations for juvenile criminal records in China.In this part,the author puts forward specific plans and suggestions for improving the system from the aspects of reasonable selection of cases that can be sealed,strengthening the thoroughness of the criminal record storage system,increasing the supervision mechanism and relief channels,and perfecting the supporting education system.