On Construction of Elimination System of Misdemeanor Criminal Record in China
Under the background of the expansion of criminal law,the criminal law of China is devel-oping in the direction of misdemeanor.With the increasing proportion of misdemeanors,the drawbacks of the current criminal record system are becoming increasingly obvious.The establishment of the elimination of misdemeanor criminal record has a positive institutional value,which can adapt to the trend of increasing the proportion of misdemeanor crime,realize the modernization of criminal law system and renew Chinese citizens'criminal concept.At the level of macro systematic determination,the elimination system of misde-meanor criminal record can be clarified at the normative level by formulating a single"Criminal record management and Application law".At the same time,the level of establishing normative documents of misdemeanor criminal record should be restricted,and the scope and time of eliminating misdemeanor criminal record should be clarified.At the level of micro systematic construction,it is necessary to clarify the essential conditions for the elimination of misdemeanor criminal records,exempt qualified negligent criminals,petty misdemeanor and"convict-free"criminals from criminal records,and construct a sealing system for misdemeanor criminal records for those whose criminal records cannot immediately be elimina-ted,with 5 years as the upper limit of sealing.According to the difference of crimes,the specific sealing period of each crime is classified.
misdemeanorcriminal recordelimination system of criminal record
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