Research On The System Of Juvenile Criminal Record Eradication

The specific provisions of the domestic criminal record of minors are currently exempted from the system of keeping criminal records and reporting obligations of criminal records.The relationship between the sealing up of criminal records and the criminal record is not clear in law,so that in judicial practice,there are different or even opposite cases of criminal record identification for the perpetrators who have sealed up criminal records.Whether it is international convention,international rules or judicial practice of various countries,comprehensive analysis can be seen that the policies of treating minors all over the world are mainly education oriented and punishment as auxiliary,and the attitude towards juvenile crime is generally broad.The newly revised law of the People's Republic of China on the protection of minors also establishes the principle of giving priority to the education of juvenile offenders and the punishment as a supplementary.This article intends to explain from three aspects,as follows: first,the summary of the system of the elimination of juvenile criminal record,the definition of "criminal record","elimination of criminal record","elimination of juvenile criminal record" one by one,to clarify the nature of the system of the elimination of juvenile criminal record is the permanent elimination of juvenile criminal record,which can not be used in future litigation,and the complete restoration of legal status.Secondly,the second part of this article mainly aims at the judicial practice of our country's juvenile criminal record system,combined with the main points of the judgment documents of the judicial document network,analyzes the problems existing in the current judicial situation of our country's juvenile criminal record elimination,evaluates the shortcomings of the existing criminal record sealing system,and verifies the necessity of the existence of the juvenile criminal record elimination system.Finally,this article puts forward the ways to improve the system of the elimination of juvenile criminal record,starting from four aspects,through a comprehensive analysis of the types of crimes committed by minors and the length of the sentence,combined with the social harmfulness and the degree of repentance of minors themselves,we can achieve the state of the elimination of criminal record after a certain period of time.The author believes that the analysis of the current domestic judicial practice of juvenile criminal record shows that this kind of chaos needs to be solved by improving the system of eliminating juvenile criminal record.Perfecting the system of eliminating juvenile criminal record is not only beneficial to the healthy growth of minors,but also helpful to explore the elimination of criminal record for adults in the next step in our country,establish and improve the criminal law system,which is in line with the ultimate goal of the re socialization of juvenile offenders.