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Construction Of The System Of Storage Of Juvenile Criminal Records In China

Posted on:2022-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2506306485998239Subject:Law Litigation law
Abstract/Summary:PDF Full Text Request
Underage period is a key period of life,active thinking,strong sense of autonomy,full of curiosity about new ideas,new things,dare to try and challenge,but because of the level of knowledge,life experience is limited,there is a lack of cognitive ability,resolution ability,coupled with some bad social atmosphere,easy to deviate,on the road to crime.Everyone should be responsible for their own behavior,but teenagers are the backbone of the sustainable development of society,they are like the morning sun,life is just beginning,we should be more tolerant of them,give them the opportunity to learn back,help them correct,so that they can return to society smoothly.In 2008,China proposed the establishment of a system for for the elimination of criminal records of minor offences.After several years of exploration,it finally clearly stipulated in the2012 Code of Criminal Procedure that the system for the storage of criminal records of minors should be established.The third amendment of the 2018 Code of Criminal Procedure made specific provisions in Article 286 to clarify the subject,conditions and consequences of the storage of criminal records.However,in the actual operation of the system there are still a lot of problems,the main reason is that the content is not specific,clear,lack of practical,such as:for different stages of minors related information,by whom to seal,which specific content,Can you seal the record of administrative punishment caused by minor violations? After the criminal information is sealed,which subjects enjoy the right of access,the legal provisions are too crude,resulting in different standards in practice and confusion in implementation;there is no effective connection with the corresponding supporting system,and conflicts with other legal provisions.On the basis of deeply analyzing the problems in legislation and practice,this paper puts forward a systematic solution from the angle of system perfection,referring to the relevant regulations outside the country,and makes further construction on the system of sealing and storing juvenile criminal records.With the development of social civilization and the progress of the times,it is more important for us to set up and implement the system from the direction of saving and correcting the fault behavior of criminals,especially for the special group of minors.From the sociological point of view,the main root of the occurrence of criminal events is the imperfection of the social system.When people can not live and work in peace and contentment,they will seek other ways to satisfy themselves.This paper will focus on expanding the scope of juvenile criminal records as a starting point,according to the specific situation of juvenile criminal records to make different solutions,that is,through the test period of different gradients,decided to remove the seal or eliminate criminal records.
Keywords/Search Tags:Criminal Record Sealing, Juvenile Delinquent, Protection Of Minors, Elimination Of Criminal Record
PDF Full Text Request
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