| As an important part of China’s criminal legal system,criminal record generally refers to the fact that the offender has been declared guilty.When the perpetrator commits a criminal act again,he can be given a heavier penalty according to the nature of the criminal record and the severity of the punishment.However,with the continuous expansion of the criminal circle,especially the criminalization of light illegal acts,the drawbacks of the criminal record system are constantly emerging.The existence of criminal record has restricted the dignity and employment of the criminal to a certain extent,which has brought a great impact on the normal life of the criminal,and even affected the family members of the criminal.The most important thing is that the existence of criminal record has hindered the criminals from re-entering the society to a certain extent.For this reason,some countries have also established the system of eliminating criminal record while stipulating the system of criminal record.After the introduction of the recent amendments to the Criminal Law in China,many minor acts with less harmful consequences have entered the scope of adjustment of the Criminal Law,which has greatly increased the number of people who bear criminal records.These criminals generally bear a lighter penalty,and their personal and social dangers are relatively low,but the impact of criminal record has not been reduced.In this era,the topic of eliminating the criminal record of some criminals has received widespread attention.The introduction section of this article briefly introduces the research background,significance,innovation,and shortcomings of this article.The main body focuses on the necessity of establishing a criminal record elimination system and the practical path of establishing a criminal record elimination system in China.The research is divided into four parts..The first part of this article starts from the basic issues of criminal record and criminal record elimination,combs out different views on criminal record and criminal record elimination and the system practice of various countries,discusses the nature of criminal record elimination,and puts forward my own understanding of criminal record and criminal record elimination.The second part of this article discusses the functions and effects of the criminal record system,briefly discusses the functions of the criminal record system,proposes that there should be a certain time limit for the exertion of the criminal record function,and divides the effects of the criminal record system into effects in criminal law and effects in non criminal law,The negative effects of criminal record include the impact on conviction and sentencing in criminal law.while in non criminal law,they include the impact on employment,the generalization of criminal labels,and the implications of the criminal record system.The third part of this article discusses the necessity of establishing a criminal record elimination system in China at the current stage,from the perspective of the fact that the criminal record elimination system is conducive to alleviating the phenomenon of the generalization of criminal labels,the persistent existence of criminal records is not conducive to crime prevention,the persistent existence of criminal records violates the principle of no longer punishment for one incident,the persistent existence of criminal records violates the principle of self responsibility,and the persistent existence of criminal records contributes to the non-standard evaluation of society The necessity of establishing a system of eliminating criminal records at the present stage in China is discussed from the perspectives of social development and the development of legal systems.The final part of this article proposes a practical path for building a system of eliminating criminal records in China based on the analysis and exploration of foreign legislative experience.First,it briefly summarizes the legislative experience of the United States,Germany,Russia and France,and then discusses the practical path of building the criminal record elimination system in China.It puts forward that:first,build a two-level progressive criminal record processing model on the procedure of criminal record elimination,and gradually guide the criminals to realize the importance of abiding by the law through two-level progressive and three stages,Guide the criminals to return to society;Second,on the object of elimination of criminal record,it is proposed to establish a review mode of elimination of criminal record combining substantive review and procedural review,strictly distinguish"should","can" and "prohibited" for substantive review,and focus on the role of age in substantive review,and give more relaxed conditions for elimination of criminal record to young and old people;Third,the system of eliminating criminal record and the system of prohibiting employment should be coordinated to reduce the social impact of criminal record system on criminals and their family members;Fourth,the criminal’s right to eliminate his criminal record should be guaranteed with corresponding rights to ensure the thoroughness of the elimination of his criminal record. |
