The Research On The Elimination Of Criminal Record Of Minors

For minors,the criminal record system has branded them with crimes,hindering the path of re-socialization of minors.Under the trend of elimination of criminal labeling perspective,extraterritorial countries have begun to eliminate minors’ criminal records.The legislative provisions of the system have achieved good social effects.The current system of exempting minors from previous criminal reporting obligations and the juvenile criminal record sealing system is of positive significance in removing minors’ criminal calibration and helping minors to return to society.However,there is still a big gap with the real juvenile antecedent eradication system.From the perspective of labeling theory,it is justified to construct our elimination of criminal record of minors system.China should start with the general idea,specific design,and supporting systems of the juvenile antecedent eradication system,elimination of criminal labeling of minors,and speed up the pace of establishing the elimination of criminal record of minors system.This article consists of four parts:The first part summarizes the elimination of criminal record of minors system from the perspective of labeling theory.Firstly,it discusses the concepts of the previous record,the previous record eradication system and the juvenile’s previous record eradication system,and the labeling theory.Secondly,based on the perspective of labeling theory,the author analyzes the negative impact of previous labeling on minors,and then reflects on the disadvantages of criminal record of minors in China.Finally,the trend of elimination of criminal of minors labeling is discussed,and the trend of elimination of criminal of minors labeling is investigated outside the region.The relevant provisions in the legislative legislation are listed,and their analysis and reflection are discussed.At the same time,it briefly introduces the exploration of the elimination of criminal of minors labeling in China,and further shows that under the trend of elimination of criminal of minors labeling,China should establish the elimination of criminal record of minors system in line with China’s national conditions.The second part focuses on the legitimacy of establishing the elimination of criminal record of minors system from the perspective of labeling theory.First of all,analyze the necessity of establishing the elimination of criminal record of minors system in China in terms of the protection of minors and crime prevention,the social return of criminal minors,the implementation of legal values and policies,the realization of penal functions and the improvement of the legal system;Secondly,the feasibility of establishing the system in China is explained in terms of the particularity of the minor,the existing policy and legal basis,and the early exploration of practice.The third part introduces the predicament faced by China in constructing the elimination of criminal record of minors system from the perspective of elimination of criminal labeling.There is a necessity and rationality for the establishment of an eradication system for the removal of juvenile offenders,but the construction of this system also faces practical obstacles.Therefore,the article will discuss the predicament in the process of elimination of criminal labeling in China with a chapter.In summary,there are two main aspects,namely conflicts in value and obstacles in legislation.Only by confronting and overcoming these difficulties can we achieve the effect of the system in elimination of criminal record of minors.The fourth part discusses the construction path of the elimination of criminal record of minors system in China from the perspective of elimination of criminal labeling.To give full play to the effectiveness of the elimination of criminal record of minors system in removing criminal labeling,it is necessary to first establish the overall idea of the establishment of the elimination of criminal record of minors system at a macro level;.Secondly,we must make a specific and scientific design of the elimination of criminal record of minors system in China.However,the legislative design is not enough.The successful implementation of the elimination of criminal record of minors system also requires relevant supporting systems as a solid backing.It mainly starts with the construction of administrative supporting facilities,corresponding judicial guarantees,and social support.Its specific contents include improving the household registration and archives management mechanism,providing judicial relief,and improving the community correction system.