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On a Minor Misdemeanor Records Abolishme-NT

Author: MaLei
Tutor: DiXiaoHua
School: Nanjing University
Course: Legal
Keywords: Minor Misdemeanor record Eliminate
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 1
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Abstract


[Abstract] Central Political and Law Commission conditionally established minor misdemeanor criminal record destroy the system \Misdemeanor records of minors as a crime record, be able to prove that his personality had flawed; crime again, to prove that the person bad habits die hard, subjective malignant deep, should be subject to legal, social tougher sanctions. However, our current criminal record reports and criminal records retention system taken great irrationality. Ignore the special nature of juvenile delinquency, and the protection of minors is contrary, in contradiction with the relevant laws and regulations. Minors the crime mostly first-time offenders, Oufan, its subjective malignant, personal generally not harmful. Society, the family of helpers, they may completely wash away the stain, anew. Reserved for minors criminal record, which greatly hampered their self-transformation, the process of a new life, while the abolition of minors criminal record reporting system is feasible. But need to be provided in terms of the constituent elements of the system, procedures and effectiveness. Minor misdemeanor record the elimination of the system is based on China's actual conditions in the statutory conditions are met by the court's decision cancellation of a system, not adult misdemeanor records. The author discusses the full six chapters: The first chapter describes the evolution of the system of criminal record, and then clarify the specific definition of minors misdemeanor records to eliminate the link between the system and the criminal record system and the system in our. Chapter II is to build the foundation of minors misdemeanor records eradication system involves three main aspects: First, the theoretical basis, and second, basis in reality, three legal basis; intended to clarify the build of a minor misdemeanor record Elimination System reasonableness and necessity. Chapter is to build the substantive requirements of minors misdemeanor records eliminated include three main elements: General Requirements - the range of offenses, clear how to define the scope of \preliminary build a \The Chapter of minors misdemeanor records eliminated proceedings; mainly include: application, examination and prosecution, jurisdiction and ruled served. The author fully take into account the social harm minors main particularity cases, reflects the \The fifth chapter of minors misdemeanor records eliminated legal effect, including: a criminal record eliminate legal evaluation change criminal record reporting obligations exempt says; author uses the principle of eclecticism, drawing on based on the doctrine of reasonable interpretation of the meaning of minors misdemeanor records to eliminate legal effect. The sixth chapter of minors misdemeanor record supporting the establishment and improvement of the system, mainly related to four aspects: First, set up a special study educational institutions for juvenile offenders, two minors criminal file specialized management system, three do relevant follow-up work, perfect to help juvenile offenders reintegration of protection mechanisms. Of minors misdemeanor record eradication system more operational and appropriate to advance as an important part of the system, designed to help minors after the eradication of itself misdemeanor records, to better adapt to the society, life-changing; sex.

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