Research On The Sealing System Of Juvenile Criminal Records

In order to protect the legitimate rights and interests of minors and create a relatively fair social environment for minors who have returned to society after reform,international organizations including the United Nations have formulated a series of international conventions on the protection of minors,and China is also a contracting party to the relevant treaties.The existence of the criminal stain increased temporarily misguided minors the difficulty of reintegration into society,therefore,the criminal record for minors for special treatment for practice around the world,some countries have established a "minor crime record storage system",in some countries,the establishment of a more thorough "minor criminal record to eliminate system" or "minor crime record cancellation system".The practice of special treatment of criminal records is originated from the "Elimination of Criminal Records System" in France.On the basis of the pilot experience in some areas,China amended the Criminal Procedure Law in 2012 and established the sealing system of juvenile criminal records in the form of written law.The establishment of this system is conducive to the rehabilitation of minors,to prevent them from committing crimes again,and to achieve better education and reform.It is a key step in the construction of China's legal system,especially the construction of the juvenile criminal justice system,and a typical performance of China's legal system that is more humane.However,there are many problems and controversies in the operation of the current juvenile criminal record sealing system.The Criminal Procedure Law has only one simple provision,and the judicial interpretation and local pilot programs have different explorations and regulations,and the operation is not strong.In practice,the sealing work of local and local departments is not good or bad.From the standpoint of juvenile protection,this paper discusses the experience and inadequacy in the legislation and operation of the criminal record sealing system,and discusses the improvement and promotion of the juvenile record sealing system in China,in order to provide certain norms and guidance for the practical operation.This paper is divided into five chapters.The first chapter firstly observes the development process of the juvenile delinquency record sealing system in China,compares the historical background and realistic basis of the establishment of the juvenile delinquency record sealing system in China from the perspective of historical analysis,and then reviews the practice and exploration of various subjects from the central government to the local government in this system.The second chapter is respectively from the perspectives of jurisprudence,sociology theory foundation of this system,and then from the Angle of practice practice minor crime records sealed system,clarify the legal and social effect criminal record storage,clear with the minor criminal record elimination system and the legal relations of the minor criminal record cancellation system;The third chapter analyzes the negative effects,practical disputes and problems in the operation process of the juvenile delinquency record sealing system in China,in order to eliminate the negative effects,solve the problems and disputes,improve and develop the system to clarify the direction;The fourth chapter discusses the historical origin of the system of the elimination of juvenile criminal record and the cancellation of criminal record in foreign countries,as well as the legislative and operational situation in Taiwan and Macao,and summarizes various useful experiences,which lays the foundation for the improvement and development of juvenile criminal record system in China in the last chapter.The fifth chapter is from the actual situation in our country,in view of the key problems in the practice,combined with the practice and experience outside of our country the development of the current minor crime record storage system,perfect,put forward the corresponding suggestion,and keep up with the trend of the development of legal system,to put forward some ideas to further build criminal record cancellation system in China.