Criminal Record Feasibility of Eradication System in China Thoughts
|School||East China University of Political Science|
|Keywords||Criminal record Eliminate criminal record Feasibility Thinking|
Criminal record is eliminated or the court found had been convicted of a natural person or unit, the availability of certain statutory conditions, their criminal record automatically eliminated or declared by the State through the statutory procedures for cancellation, and resume their normal legal status of a criminal regime. The system has a long history and profound theoretical basis for criminal record criminal rehabilitation Elimination System originated in the right system, modern in many countries will also be re-destroy the right system and the criminal record system combined specification. Elimination of Criminal Record contains only the basic law of materialist dialectics, but also reflects the value of law ---- the requirements of justice, the penal system as an advanced, many countries in the world, the system will eliminate the provisions of criminal record written.This article is divided into four chapters, where the "criminal record" about to explain the connotation and extension of the criminal record and the facts outlined by the legal consequences of criminal record. Then using comparative approach to legislation of other countries, based on elimination of the system introduced criminal record history, and the elimination of the concept of criminal record, characteristics and categories are defined. At the same time, through the Elimination of Criminal Record-depth analysis, reveals the implication behind the system, such as philosophy, jurisprudence, criminal law and penology, on the basis of the theoretical roots. Affirmed the convictions in the elimination of the advanced nature of the system after the theory, but also based on the country, from our traditional moral values and practical point of view of social requirements, elimination of the criminal record system in China to establish the feasibility and necessity of the analysis that Elimination of Criminal Record of building a harmonious society in line with our needs, in line with our respect for human rights protection of human rights, building a modern penal system in line with our needs, and criminal record system also reflects the elimination of our traditional moral values and the current criminal administration, and made in the Today China’s political, economic and social situation, according to China’s rule of law development conditions for the introduction of prior conviction elimination system has become mature point of view.However, from the perspective of the article should be on the Elimination of Criminal Record of establishing the basic ideas and also some specific content to explore, the former subjects to eliminate the conditions of the program design and planning system. Of course, for the establishment of criminal record when the elimination system, elimination system, how to create a criminal record and other issues should also be based on China’s national conditions, so the article in the last building on the Elimination of Criminal Record of the major difficulties faced during the induction and made an analysis, form of social order in China today, the people of values, the legal system structure, placement assistance and education and so on constitute the establishment Elimination of Criminal Record of obstacles, but also eliminate the system of criminal record in China’s real problems and solutions put forward personal views.