On the System of Sealing Minor Criminal Records—With the Focus on the"Right to be Forgotten"
With the change of criminal structure,China has entered the era of minor crimes.The Decision of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance Chinese Modernization,adopted at the Third Plenary Session of the 20th Central Committee,proposes the establishment of a system for sealing minor criminal records,providing direction and requirements for the judicial practice in the governance of minor crimes.The right to be forgotten is essential in protecting the reintegration of criminals into society.And this paper,taking it as the focus,conducts a more detailed study on the sealing of minor criminal records,and defines the statutory punishment criteria for minor crimes by clarifying their scope.The existing system for sealing criminal records faces conflicts between the right to be forgotten and other rights,is limited to minors,has issues with the broad scope of inquiry subjects,and is hindered by the criminal record reporting system and industry prohibition systems.In this context,countermeasures are proposed to coordinate the right to be forgotten with others,clarify the conditions for sealing,and integrate with other relevant systems.
minor crimethe right to be forgottensealed objectinstitutional integration