Research On The Improvement Of Juvenile Criminal Record Sealing System

The juvenile criminal record sealing system is an important system for the criminal judicial protection of juvenile defendants.In the nearly ten years of operation of the system,there are some problems such as too rigid provisions,unclear norms,separate practice departments,and lack of unified guidance.This article through to the legislative status quo of criminal record storage system,analyzing the status quo,the criminal record storage object,scope,criminal record of criminal record seal and seal after the crime,and the related problems such as the main imputation study found that the system has the following institutional defects,concrete manifestation in: one,the application of the system of criminal record storage object design is not science.Including: the legal provisions of the applicable object is too limited,the crime of the object is not considered as a factor of the problem.Second,the scope of criminal record sealing is not clear.It includes the unclear definition of "related criminal record" and "related unit" in the system of criminal record sealing.III.No re-crime is involved after the sealing of the criminal record.It includes: the re-crime that is carried out over the age of 18,the disadvantages of repeated sealing after re-crime,and the sentencing problem that the sealing of criminal records affects the re-crime.IV.The attribution of each subject in the sealing of criminal records is not clear.Including the public inspection law organs and social groups before and after sealing the problem of accountability.Through the study of the above problems,this paper puts forward the countermeasures to improve the juvenile criminal record sealing system,which are embodied in the following aspects: innovate the legislative model,refine the legal provisions of the criminal record sealing system,expand the scope of the object of sealing and further clarify the effectiveness of the sealing system.It is beneficial to protect the privacy of minors to integrate the criminal records that should be sealed and standardize the relevant units to inquire the criminal records.The paper analyzes the problems in the system that the criminal records are not involved in re-crime after sealing,reduces The Times of sealing,and determines the standard of sentencing for re-crime.Unimpeding the connection mechanism between the organs of the public security law,enhancing the confidentiality awareness of the organs of the public security law and social groups,and establishing the accountability mechanism for improper sealing.Only with a sound system can it be better applied to judicial practice.Legislators should pay attention to the perfect fit between the top-level design of the law and judicial practice,and give full play to the maximum effect of the criminal record sealing system so as to better protect minors.