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Juvenile Criminal Records of Minor Relative Elimination System and Structure

Author: GaoLiMing
Tutor: XiaoJianGuo
School: East China University of Political Science
Course: Criminal Law
Keywords: Minor Criminal records Relatively eradication
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 101
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Abstract


Criminal records can prove that the perpetrator once in flawed personality aspects, and therefore the implementation of the act that endangers society. If again the implementation of the criminal aspects of the act that endangers society, criminal records reporting system prescribed by the law, as well as supporting the household registration management, file management system, making the situation of the parties to the relevant authorities in the hands of the unit, not only in law on tougher sanctions, but also in social life, such as employment and other aspects of their take appropriate restrictions. However, our current implementation of the criminal records system and the Protection of Minors Act and other related laws conflict with no adults and minors distinction between treatment and can not truly reflect the relevant laws and policies to determine its policy of \Minors with physical and mental characteristics different from adults, so the state and society should be given a more tolerant, caring and trust. Therefore, the importance and necessity of thematic research on the criminal records of minors is more prominent. The text is divided into three parts, specifically composed by an introduction, three main chapters and epilogue. Part of the first chapter of the thesis for the foreign of legislative inspiration and domestic practice explore. This chapter first introduces minor criminal Stain legal foreign minors, and summed up the general conditions and the way criminal Stain and provide reference for the specific architecture of our system discussed later. Second, the social background begin minors minor criminal blemishes system developed, combined with recent years, the domestic practice and theoretical exploration of this system was ripe for a detailed exposition. The second minors hinder system to construct meaning part of the return to society. This chapter first combination of specific legal provisions and the specific national conditions, both from the system, the concept of aspects, a detailed analysis of the minors have a criminal record tainted hinder the return to society. In addition, this chapter also the need to build on this system from four aspects detailed analysis, which further demonstrates the necessity and urgency of this system to develop. The third chapter of the thesis is system specific ideas and issues related to countermeasures part. First chapter, the concept of a minor, minor criminal stain relatively eradication on the definition of the necessary groundwork for the later minor criminal minors stain relatively specific elimination of the system architecture. Second, the combination of China's actual situation tentatively explore the architecture of this system from the system design, system effects, system implementation. The final chapter from the reality on how to better ensure that the system be implemented and reach the point of view of the legal and social effects of its expected to put forward their own proposals on how to solve some of the problems that may arise.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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