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Eliminate the System of Criminal Record

Author: ChenYi
Tutor: WangMin
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Criminal record Elimination of Criminal Record Label Feasibility Necessity System Construction
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 151
Quote: 0
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Can be seen under the provisions of the criminal law system recidivism and criminal record reporting obligations or criminal records manifestation of the spirit of our current law, only with the difference between the foreign performance: foreign countries in order to overcome the drawbacks of the criminal record system is still the basis of The odds above provisions of the Criminal Record Abolition System, intended to attach conditions to eliminate the criminal record of the judiciary has been declared guilty and record people restore their legal status. My criminal record elimination of the system in the absence of not only inconsistent with our temper justice with mercy criminal policy, and who had a criminal record, the criminal record system long-term, persistent negative impact greatly offset the positive impact of the criminal record you want to achieve - to achieve The purpose of education rehabilitation and crime prevention, and effective reintegration of prisoners whose sentences have expired also poor. But according to China's national conditions, to establish the full Criminal Record Abolition System is unrealistic, in order to minimize the negative impact of the criminal record system, the positive effect of the play the greatest degree criminal record system can be eliminated to minors light punishment criminal record as a criminal record eradication Trial system in our country, to expect better return to society of such minors special protection of minors. The text includes the following aspects: the first part of this paper, a brief description of the criminal record system and the Criminal Record Abolition System. Explore eliminated for the criminal record should also be established on the basis of criminal record. A lot of manifestation of the spirit of the law has a criminal record, such as criminal law provisions on recidivism. I think that the criminal record or should as a concept in terms of the criminal law sense, that is, from a criminal law point of departure to define criminal record. Specific for the judiciary, has been declared guilty of a certain period of time, to limit or deprive some of its rights and record a special legal status. The second part of this article, the eradication of foreign criminal records system were summarized and analyzed. Firstly relevant provisions of the elimination of part of the country's criminal record was mentioned, followed by a brief summary of the analysis is based on: mainly from abroad sin applies Criminal Record Abolition System quality, punishments for the study period, as well as crime performance and other aspects are analyzed; in accordance with the mode of application of different foreign criminal records to eliminate roughly divided into automatic elimination of applications eradication pardon eradication eliminate the study period is divided into complete turn criminal record to eliminate, in accordance with the criminal record time elimination and eradication in advance. Analysis of foreign legislation to Criminal Record Abolition System built on top of the foundation to learn from foreign experience suited to China's national conditions. The third part of this article, review of relevant legislation eliminated criminal record, and criminal record. China's criminal record eliminated only reflected wartime probation system, which belong to the above special criminal record pardon to eliminate one of the ways. Issued by the Supreme People's Court in March 2009 \procedures and legal consequences ... \Followed in some regions of China also has a criminal record eradication of the Trial. Elimination of Criminal Record system not only embodies the criminal policy of combining punishment with leniency, reflecting the level of the human spirit, but also from the respect for human rights and protect the rights and interests of minors, which is a huge thrust Establishing Criminal Record Abolition System. Conducted a brief analysis of the fourth part, impede and hinder the cause of the build Criminal Record Abolition System in China. Elimination of Criminal Record China has not yet established, is determined by the historical tradition in China for thousands of years: the lack of a democratic legal thinking, \The fifth part of this article on the Elimination of Criminal Record built in our rationality. Elimination of Criminal Record is not entirely without soil built in our country, or in the current criminal legislation embodies the spirit extinguished criminal record. With the social development, China's foreign correctional system outside the penalty introduced well before the introduction of the Criminal Justice Policy temper justice with mercy, and to learn from foreign advanced legislative basis of judicial experience in our build Criminal Record Abolition System . Elimination of Criminal Record building will also solve many of the problems caused by the country in the process of reform and social transformation has a positive effect. The sixth part focuses on building specific measures Elimination of Criminal Record. The economic base determines the superstructure must be combined with the actual situation of our country, to establish a criminal system suitable for China. Obviously, in our fully established Criminal Record Abolition System is unrealistic effective even micro. Establish saving the kingdom from the economic point of view, it should be so limited judicial resources to exert its effects as much as possible, I think that will develop minor misdemeanor record elimination system as our criminal record Elimination System pilot. Mutatis mutandis, to the provisions of the criminal law relating to the probation system, the system of parole and commutation system, from the applicable conditions of the applicable procedures, the effectiveness of the tripartite face Criminal Record Abolition System to build. Secondly, in order for Criminal Record Abolition System truly reflected their values, still need the co-operation of all sectors of society, vigorously promote the updated social concept, in the guide perpetrators socialization, also should advocate for more people to participate in the released prisoners resettlement work and services.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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