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On the Abolition of Juvenile Crime Records in China

Author: WangQingYang
Tutor: LuXueYing
School: Anhui University
Course: Legal
Keywords: Juvenile Delinquency Criminal record Eliminate
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 203
Quote: 0
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Abstract


Criminal law on the criminal record refers to the fact that a person by the court sentenced or condemned criminal record retention system set national crime prevention, social self-defense needs. Criminal record system for the existence of the state and society under certain historical conditions, some positive effects, but its long-term existence of interested criminal record who produce a series of negative adverse effects in the long run is not conducive to the prevention of crime and social harmony and stability. Therefore, we need to establish a Criminal Record Abolition System to limit, to balance its long-standing negative role. Of minors, criminal record, their lives and return to the negative social impact more far-reaching and more serious, which greatly affect their self-transformation, a new leaf confidence, give full consideration to the characteristics of the main factors of the minors, not adult criminal convictions within a certain range eliminated to make it criminal record after a judicial statutory procedures and rules to eliminate the best way to eliminate the negative impact of various adverse because of their criminal record, their smooth return community to provide the legal and institutional safeguards. Elimination of Criminal Record has become the world minors under the criminal background of legislative trends, both from the protection of minors needs of special groups, or the point of view of the purpose of punishment, Minors' Criminal Record Abolition System established in our country is particularly urgent and important. Criminal Record Abolition System is a very complex system engineering. From the establishment to really play a role, there is a long way to go, but also need a matching system as a safeguard. If the study is limited to the directional appeals and theory of the Criminal Record Abolition System, but not in China specifically, how to build a study, its significance will be very limited. In view of this, I intend before Branch and the Criminal Record Abolition System concept as the starting point, in line with the characteristics of juvenile delinquency from to establish juvenile delinquency Criminal Record Abolition System, is conducive to the education and growth of minors; favor of minors system improve the legal system; minors return to society, and to promote social harmony and stability; conducive to the elimination of the necessity to reflect the four aspects of the criminal policy of combining punishment with leniency analysis minors criminal record. Analysis from the successful practice of China's criminal policies, legal basis, at home and abroad and legislative experience on the basis of analysis of the need to establish the feasibility of minors criminal record Elimination System. At the same time, the analysis of domestic Shandong, Sichuan, Guizhou, Henan and other places to explore the elimination of minor criminal record and judicial practice experience gained in effectiveness and the problems Minors' Criminal Record, and then to China to establish eliminate legislative vision of the system by the system from the applicable conditions, scope of application, mode of operation, the program rules to make the system provisions, in order to promote the further improvement of China's criminal law and the implementation of a more favorable legal protection of minors. Finally, it is proposed to establish a long-term goal of the juvenile justice system. Juvenile justice system in order to protect the legitimate rights and interests of minors for the purpose of promoting social harmony and the elimination of social instability, is of great significance. China unified juvenile justice system, the juvenile justice system constructed in exploration, the operation of the juvenile justice mechanisms facing newer challenges, judicial philosophy there just utilitarian conflict, the legislation is not perfect, the lack of procedures and resource allocation system nature protection, is not conducive to the prevention and reduction of the criminal behavior of minors. Therefore, as soon as possible to establish a perfect case for dealing with minors substantive law and procedural law, improve the juvenile justice system is a very urgent task.

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