Research On The Construction Of Adult Misdemeanor Criminal Record Storage System In China

In recent years,with the active expansion of criminal legislation,a large number of misdemeanors represented by the crime of drunken dangerous driving have been added.The increase of misdemeanor has a significant effect on curbing misconduct in related fields.However,it is undeniable that actively adding misdemeanors will lead to an increase in criminals,especially adult criminals who account for the vast majority of crimes,a rapid increase in the proportion of criminals,and an increasingly generalized criminal label,which can easily lead to serious social governance problems.In this context,the criminal record storage system applicable only to minors has been difficult to effectively solve such problems.In reality,there is a huge demand for the adult misdemeanor criminal record storage system.In view of this,how to build an adult misdemeanor criminal record storage system to effectively solve the problem of generalization of crime labels in China is an urgent problem to be solved in current academic research and future rule of law construction,and it is also the focus of this paper.In the first part of this paper,through combing the relevant domestic theories,the standard of misdemeanor is defined as a crime with a statutory maximum penalty of less than 3 years of fixed-term imprisonment,and it is clear that the criminal record is an objective record of the situation of criminals by the special state organs,and the storage of criminal records and the elimination of criminal records are analyzed.Secondly,through the investigation of the criminal record storage system in the United States and France,this paper summarizes the enlightenment brought to us by the two countries in terms of storage conditions,storage procedures and storage effectiveness,so as to draw lessons from the reference.The second and third parts of this paper analyze the realistic basis and obstacles of constructing the adult misdemeanor criminal record storage system in China.First of all,the construction of the system is to promote the return of criminals to society,curb the phenomenon of involvement,and solve the practical needs of the generalization of criminal labels.The circumstances of misdemeanors are minor and the recidivism rate is low,which is in line with China ’s criminal policy of tempering justice with mercy and has strong feasibility.At the same time,we should also see that the construction of the adult misdemeanor criminal record storage system still faces many obstacles.For example,the thought of severe punishment is deeply rooted,and the system is influenced by the criminal record reporting system.Therefore,it needs to be solved in a targeted manner.Based on the above research,the fourth part of this paper elaborates on how to systematically construct the adult misdemeanor criminal record storage system in China from four aspects.First,in terms of applicable conditions,the object of storage is limited to adults who have committed minor crimes and have not committed new crimes during the investigation period.Second,in terms of procedural structure,the sealed procedure should be first filed by the actor,and the court should accept and review the relevant files to be sealed by the public security,procuratorial and judicial administrative organs.Thirdly,in terms of safeguard mechanism,the sealed criminal records should be set up strict conditions for inquiry and unsealing,but it does not affect the judicial organs to inquire as needed.Fourth,in terms of system support and concept support,from the three aspects of amending the provisions of criminal record report,desensitizing the judgment documents,and guiding people to gradually eliminate social discrimination psychology,it provides legislative,judicial and public support for the system,and helps the adult misdemeanor criminal record storage system run smoothly and efficiently.