Study Of Theory And Practice On The Sealing Of Juvenile Criminal Records In China

Juveniles are not mature physically and psychologically,and are vulnerable to erosion by adverse external factors.If the lack of correct guidance,they may go on the wrong road,and even commit criminal acts.As a vulnerable group,minors need more humanistic care and legal protection.In 2012,the Criminal Procedure Law set up the minor criminal records sealing system,which is also to ensure the better return of delinquent minors to society.The establishment of the juvenile criminal record sealing system conforms to the international development trend of juvenile justice,and is beneficial to the work of protecting the juvenile criminal groups,and is an important step in the field of juvenile justice.While paying attention to progress,it is also necessary to pay attention to the problems in theory and practice.The juvenile crime records sealing system has already formed a general framework,but there are still many aspects to be improved,affecting the realization of the system’s main function.This paper aims to analyze the existing problems of the system through literature research,empirical research,comparative research and other methods,and on this basis put forward some personal opinions for the improvement of the juvenile criminal record sealing system and its better implementation in practice.In addition to the abstract and introduction,this paper mainly includes the following four parts:The first part is about the concept,value and theoretical basis of the Juvenile Criminal Record Sealing System.The juvenile crime record sequestration system is a system established in view of the juvenile crime.Different from the criminal record elimination system,it is based on the individualization of punishment,label theory and restorative justice,etc.By means of sequestration of juvenile crime records in accordance with legal conditions,it reduces the resistance of the juvenile delinquents’ subsequent reform and return to the society.By introducing the core value of criminal record sealing and its theoretical basis,This part analyzes the causes of the system to form a more comprehensive understanding of the system.The second part is the progress and shortcomings of the criminal record sealing system in our country,summarized the problems and progress of the Implementation Measures in theory and practice the efforts to improve the system.In the Implementation Measures,it determines the scope of the criminal record sealing and the conditions of the seal sealing,and protects the juvenile crime information as privacy,And the improper disclosure of juvenile criminal information conduct accountability;In addition,by issuing electronic questionnaires to survey the public inclusion,and considering the specific implementation status of the system,problems such as single application conditions,difficulty in achieving the purpose of sequestration,unclear provisions of the Measures of Implementation and difficulties in social reintegration were also summarized.The third part is the sealing and elimination of criminal records outside the territory and the comparison and enlightenment of relevant provisions.In the common law countries,the UK implements the elimination system of criminal record,sets up strict application conditions,and gives the right of relief to minors,in the legislation to protect the juvenile criminal records from being leaked;The U.S.has a system of sealing criminal records and a system of expunging criminal records,and provides exceptions for minors who commit sex crimes or serious violent crimes to not apply the system.In some states,the sealed criminal records are automatically expunged upon application or after five years.Among the civil law countries,France has changed from the system of sealing criminal records to the system of eliminating criminal records.There are two ways to eliminate criminal records: by application and by authority,the juvenile court decides whether to delete criminal records;Germany implements the measure of first sealing and then eliminating,and the performance of the legal person during the inspection period.There are strict requirements.Through comparative research,this part mainly analyzes the specific provisions or similar provisions of the criminal records sequestration system in major countries,and summarizes the advantages and deficiencies of the sequestration system in different countries and different legal traditions,so as to provide references for improving the sequestration system of our country.The fourth part is about the improvement of the juvenile criminal record sealing system.This part is based on the above four parts.Combining the research experience and judicial practice of domestic and foreign scholars,it proposes that in the criminal records sequestration in our country,it has detailed the application scope,the purpose of guaranteeing the sequestration,a clear regulation and the conflict of law,establish the conditional juvenile criminal records elimination system and construct the social support system.