Study On The Improvement Of Juvenile Criminal Record Sealing System

Recently,the problem of juvenile crimes occurred frequently and the types of crimes were diversified.Therefore,the public has been paying more and more attention to the problem of juvenile crimes,and how to make the wrongful minors return to society smoothly after being punished has also become the focus of the society.The juvenile criminal record sealing system established in 2012 is designed to protect minors,so that minors who commit crimes will not be discriminated against in education and employment.However,due to China’s juvenile justice started later than other countries,and the system is not perfect,so that the juvenile criminal record sealing system has the disadvantages of not strong operability.In view of this problem,this article from the following four aspects to explain the juvenile criminal record sealing system.First of all,the basic concept of the sealing system is elaborated in detail,and the concept of sealing criminal records and eliminating previous convictions is differentiated.It also sorts out the general legislative situation of China’s sealing system,and has a deep understanding of the system,which provides a theoretical basis for the following demonstration.Then enumerate the shortcomings of the sealing system from the legislative and judicial aspects,such as the legislative starting mode is single,the sealing scope is narrow,the query conditions are unreasonable,the unsealing conditions are not perfect;In judicial practice,the management of criminal records is chaotic,there are conflicts between criminal records and other laws,and criminal information is easy to leak.The next step is to investigate the relevant systems of countries outside the region and draw lessons from the perfect legal systems of countries outside the region,such as refining China’s legal provisions to solve the problems that cannot be followed in judicial practice.The elimination of previous convictions system as an auxiliary system,conditional implementation of the first sealed and then eliminated.Finally,a series of workable suggestions are put forward to solve the inadequacy of the legislation and judicature of the sealing system.In terms of legislation,diversified starting methods are constructed,the scope of sealing is expanded,and the inquiry provisions are clarified and unified.In terms of supporting measures,unify the criminal record management system,strictly limit information leakage,and coordinate the conflicts between relevant laws;The relief mechanism clearly supervises the main body and broadens the relief channel.Perfecting the juvenile criminal record sealing system is the need to continue to explore in practice,only in this way to achieve the real sense of protection of minors.