| Minors criminal record sealed system is built for the minors’ characteristics,reflecting the special protection for this group.Minors criminal record sealed system as an exotic,more mature development in foreign countries,to create a good social environment for minors and prompt them return to our society and grow up healthy,by a special treatment to the criminal records of the minors.In 2012,this system established in Criminal Procedure Law of P.R.C.for the first time,is a great advancement in Chinese criminal justice.For a long time,China’s juvenile justice presents a adult tendency,the criminal records of minors is used as the adults,without taking into account the special nature of the minors,and thus prejudice to their growth.Although the 2012 Criminal Procedure Amendment establishes criminal record sealed system,due to the lack of experience in legislation and practice,this system is only a preliminary construct,there are still many of the problems on the entities and procedures.In order to further improve the system,give full play to its unique protection and correction functions,the author through the analysis of the legislation,study and the foreign advanced experience,and then strive to improve vision for criminal record sealed system.This paper is includes four parts,about 29,000 words.Part Ⅰ mainly discuss the outline of the criminal records sealed systems.This section mainly describes and analyzes the conceptions which are similar to criminal record sealed system.Discuss thoroughly the similarities and differences between the criminal record sealed and prior conviction elimination,the premise and the results.And further analysis of the differences and connections between the criminal record sealed criminal record eradication,and there is a relationship of form and content,the premise and results.Analyze these concepts,in order to sort out the mixing in the academic and practice.This section also analyzes the value of criminal record sealed system,not only is the need to protect the education of minors,but also the inevitable trend of development of international criminal justice,but also improve our juvenile justice system.Part Ⅱ is to study the extraterritorial minors criminal record sealed or the prior conviction elimination system.The author mainly discuss the criminal record sealed system from California,USA,Germany and Japan,three more typical of countries and regions,the legislation and practice of the three countries and regions has an important reference to our country.On the basis of discussion of the various countries and regions,further analyze the similarities and differences through the start-up mode,the exceptions and the legal effect of four aspects between countries.These key aspects,it is the shortcoming of our legislation,and we need to absorb its rational part,provides the necessary lessons for our legislation.Part Ⅲ mainly analyzes the minors criminal record sealed system of China,including main content and the shortcomings.First of all,describe the main content of the minors criminal record sealed system of China from legislative.Then,analyze the shortcomings of our on the basis of main content.These problems are the result of lack on legislation and practical experience,and it will make the whole system unoperational if we don’t take care of it,then affecting the actual effect.The last part discusses the improvement of minors criminal record sealed system.This part is the most important part of this paper,on the basis of the analysis of the problem,learn from foreign advanced practices,put forward some ideas for our justice system.First of all,the author lists the principles in the process of improving the criminal records sealed system.Then,improve the substantive law and the procedure in the framework of the basic principles.Substantive aspects,to maximize the scope of application;consideration if the minors repentance or not,and set up time limit;no recidivism and recidivism,normal rights should be restored in civil and administrative fields,and the criminal record reporting obligations can be absolved.Procedures,endow the applicant the right of applying for,adopt written and hearing,and innovatively.put forward the idea of classification when sealed the minor criminal record.Finally,the author thinks that the minors criminal record sealed system should be developed to prior conviction elimination,because of the former system’s legal effect is not perfect,reflecting the humane care to the minors. |
