试论未成年人前科消灭制度的构建（On the construction of the elimination system of juvenile criminal record）.doc

试论未成年人前科消灭制度的构建（On the construction of the elimination system of juvenile criminal record） On the construction of the elimination system of juvenile criminal record Author: Tan Xiangjun release time: 2010-01-11 10:43:15 Abstract: the elimination system of juvenile criminal record has been paid close attention to and investigated by Chinese law circles and judicial circles in recent years. In March 2009, the Supreme Peoples Court issued the peoples Court of the third five year reform outline put forward clearly: cooperate with relevant departments to establish a minor misdemeanor conditionally destroy criminal records system, clear the conditions and terms, procedures and legal consequences. Sermpc comply with the judicial reform spirit, embodies the Leniency of the criminal policy, but also reflects the humanistic spirit and the whole society to care for minors, how to construct sermpc, the author of minors criminal record elimination system of the establishment of the definition and characteristics of minors and the necessity, the system of elimination of criminal record sermpc of vision, sermpc rights of sermpc described, in order to make contribution to the reflection of humanity sermpc establishment and benefit of the juvenile judicial protection. First, the definition and characteristics of the system of elimination of juvenile criminal record Minor criminal record refers to the fact that the accused has been convicted or sentenced to punishment. The elimination of criminal record, and cancel the criminal stain, criminal record has been destroyed, is when the guilty declaration or sentenced person legal conditions, by the legal authority to cancel its conviction or sentence record system is the national judicial organs had been declared guilty or sentenced to legal facts the penalty is regarded as no longer exist, shall be deemed to have crime, crime records set to zero, a zero criminal record. There are four aspects of the characteristics of the elimination sy