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The Study on Minor Misdemeanor Record Elimination System

Author: LiuYang
Tutor: LiuLiXia
School: Yanshan University
Course: Procedural Law
Keywords: Minor Criminal record Elimination of the misdemeanor records Social Constructionism Psychology Assess
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 110
Quote: 1
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Abstract


Juvenile delinquent after the verdict of the judiciary , there have been a declaration of guilt , conviction , such as a written decision not to prosecute criminal records no longer enter the minor's personnel file , but sealed in the specialized judiciary , without permission shall not disclose to any person . Of the minor criminal records to meet the statutory conditions can be eliminated . In this paper, the concept of comparative criminal record system and the adverse consequences to a minor misdemeanor records to eliminate complex system with foreign rights system distinguishable from one another , clearly a minor misdemeanor records to eliminate the true meaning of the system , pointed out that the elimination of the minor misdemeanor records the core of the system is to eliminate excessive social exclusion ; then focuses on the causes and the theoretical basis of a minor misdemeanor record Elimination System . By using this system in line with post-industrial society to pay attention to ethics , to promote the era of tolerance development needs ; from the execution theoretical equality , probation , Humility and ideology , social constructionist psychology psychological role and positive psychological point of view the theory in-depth analysis on the significance ; Finally, the file associated with this system and the household registration system , cognition and placement assistance and education programs , sin and performance aspects of the evaluation and supervision of the program is running supporting measures , from the application - assessment - hearing - supervision of specific programming . As an exploratory judicial practice , a minor misdemeanor record Elimination System has been introduced to obtain a good social effect . The minor misdemeanor recording elimination of the establishment and implementation of the system of protection of minors physical and mental health is another important step in the field of criminal justice , an important part of the People's Court of Temper Justice with Mercy Criminal Justice Policy , a new round of judicial reform .

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