Research On The System Of Sealing Juvenile Criminal Records In China

Tempering justice with mercy is the basic principles of criminal legislation in our country,in the revision of the 2012 edition of the criminal procedure law of the People’s Republic of China in adhering to this principle,especially for minors criminal record storage problems to be sure,clear the legal status,effectively solve the minors,facing the future education,employment aspects for minors has profound significance for the long-term development.But as a result of legislation flaw,practical operation still exists problem.In this regard,this paper takes the juvenile criminal record sealing system as the subject,summarizes its background,meaning,meaning,value and other contents,focuses on the status quo and defects of this system,and puts forward Suggestions for improvement.Through the literature review of domestic scholars,we can see that the existing research content mainly includes three aspects: firstly,it mainly studies the meaning of the criminal record sealing system,and analyzes the relationship between "elimination" and "sealing";secondly,it analyzes the system defects,and discusses the problems faced in its judicial practice;thirdly,from the applicable procedures,models in terms of scope,legal effect,relief and liability mechanism,suggestions are put forward for improvement.Based on the analysis of the current situation of our country and the reference of foreign useful practices,this paper puts forward some Suggestions to optimize the system.The research of this paper mainly consists of four parts,which do not include the introduction and conclusion.The details are as follows:The first chapter briefly summarizes the meaning of the juvenile criminal seal system and analyzes the relevant theoretical content.On this basis,the background of its production and its value are discussed.The second chapter is mainly divided into three parts to discuss,analyze the current legislation content of our country,and the actual operation of the judicial practice caused by the legislative provisions of the system is too principled defects and deficiencies.The third chapter is an extraterrestrial investigation of juvenile criminal record system.It summarizes the experience and characteristics of foreign legislation in this aspect by analyzing the mode of sealing up criminal record and eliminating criminal record.It is concluded that Germany mainly adopts the elimination system of juvenile criminal records,while Britain implements the elimination system of juvenile criminal records with conditions.The United States mainly adopts the criminal record sealing system,and is relatively mature.Through the construction mechanism and operation mode of criminal record system in foreign developed countries,this paper further explores the optimization way of the existing system in China,so as to do a good job in protecting the legitimate rights and interests of minors.Finally,through the above analysis,Suggestions are put forward from two aspects of improving the legal provisions and the liability relief mechanism,including expanding the scope of sealing,amending relevant laws,and strictly inquiring conditions.With a view to providing the best possible special protection to minors for their reintegration into society.