Construction Of The System Of Eliminating Misdemeanor Criminal Record

In the context of legislation on minor crimes,China’s criminal law has gradually shifted from “small and heavy” to “large and light”.A large number of minor crimes have been sentenced,and the criminal circle has rapidly expanded,leading to a significant increase in the number of minor crime cases in China.The legislative misdemeanor has its rationality,which can effectively alleviate the phenomenon that once convicted,it is a serious crime.However,subject to the inherent drawbacks of China’s existing criminal record provisions,once convicted,the perpetrator will be labeled “criminal” regardless of the seriousness of the crime,and his or her own or even close relatives will bear the adverse consequences caused by the criminal record for a long time.This clearly violates the principles of criminal law such as adapting to the criminal responsibility and punishment,and assuming self responsibility for the crime.Therefore,it is necessary to establish a system of eliminating misdemeanor criminal records that is compatible with misdemeanor legislation.The research on the establishment of a system for eliminating criminal records for minor crimes in this article is mainly divided into four parts:The first part is the theoretical basis of the elimination system of criminal record for misdemeanors.Firstly,it discusses the concept and effects of criminal record.Firstly,it introduces the different perspectives of the theoretical community on the concept of criminal record and makes a simple definition of the concept of criminal record from the author’s personal perspective.Secondly,it discusses the legal and practical effects of criminal record;Secondly,it defines the scope of misdemeanors,introduces the controversy on the criteria for dividing the scope of misdemeanors in academic circles,and clarifies its own views;Thirdly,it expounds the connotation and effect of eliminating criminal records,and clarifies the difference between eliminating criminal records and sealing criminal records through comparison;Finally,briefly explore the characteristics of the system of eliminating misdemeanor criminal record,respectively from the perspective of norms and essence.The second part is the theoretical basis and value of constructing a system for eliminating misdemeanor criminal records,mainly divided into two sections.The first section proposes the theoretical basis for constructing a system for eliminating misdemeanor criminal records,which is analyzed from two aspects: legal basis and sociological basis;The second section explores the value of building a system for eliminating criminal record for minor crimes.Firstly,it systematically analyzes the inherent drawbacks of China’s existing criminal record reporting system,such as violating the spirit of criminal rule of law and hindering re socialization,and clarifies the need for building a system for eliminating criminal record in China;Secondly,the issue of establishing a comprehensive system for eliminating criminal records is discussed.Considering various factors such as conflicting values and norms,it is not suitable for China to establish a comprehensive system for eliminating criminal records;Finally,analyze the necessity of constructing a system for eliminating criminal records for minor crimes,and discuss it from three aspects: the development needs of criminal law,the adaptation of criminal responsibilities,and the need for re socialization.Combined with data,sort out the distribution of criminal structures in China in recent years,summarize the main situation and characteristics,and demonstrate the practical necessity of constructing a system for eliminating criminal records for minor crimes.The third part is an investigation of the system of elimination of criminal record of misdemeanors in foreign countries.It reviews the origin of the system of elimination of criminal record,observes the provisions of foreign countries on the system of elimination of criminal record,and selects several typical countries to introduce it,including France,Russia,and Germany.It compares the similarities and differences from the aspects of legislative model,application object,application conditions,application procedures,elimination effects,and takes its essence and combines the actual situation of China,To provide guidance for the construction of the elimination system of criminal record for minor crimes in China.The fourth part is the construction of the elimination system of criminal record for misdemeanors in China.Firstly,it outlines the practical exploration of the elimination of criminal record in China,reviews the pilot situation of the elimination of criminal record in various regions of China,and draws on the practical experience of various regions to lay the foundation for the construction of the elimination system of criminal record for misdemeanors in China;Secondly,it discusses the specific concept of the establishment of the system,which is divided into legislative models,scope of application,conditions of application,eradication procedures,eradication effectiveness,and other aspects;Finally,it proposes supporting measures for the application of the system,and explores supporting measures for the elimination of criminal records from three aspects: administrative support,social support,and judicial security.Various measures ensure the effective play of the elimination effect of criminal records.