Proposal of Zhu Zhengfu, member of the CPPCC National Committee: to establish the system of eliminating criminal record

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 Proposal of Zhu Zhengfu, member of the CPPCC National Committee: to establish the system of eliminating criminal record


The system of elimination of criminal record refers to the criminal system in which the perpetrator declared to be a crime by the court, after having the legal conditions, cancels his criminal record through the legal procedure, thus no longer carries on the normative evaluation to his criminal record and restores his normal legal status.

At present, France, Russia, Vietnam and other countries have clear legislative norms of the criminal record elimination system. China has stipulated a limited criminal record elimination system for minors in the amendment (VIII) of the criminal law and article 275 of the criminal procedure law, that is, to seal the qualified criminal record and only open the inquiry to the case handling organs or relevant units.

Zhu Zhengfu said that this is not the real elimination of criminal record, but only the sealing of criminal record, but has a positive significance for the establishment of the system of criminal record elimination.

(function(){(window.slotbydup=window.slotbydup||[]).push({id:u5811557,container:ssp_5811557,async:true});})(); In his view, under the background of vigorously promoting the rule of law in China, the establishment and construction of the criminal record elimination system covering adults and all minors at the right time not only embodies the judicial concept of light and slow criminal policy and humanization, but also reflects the humanistic care for the marginalized groups. However, he also said that the construction of the system of elimination of criminal record is a complex systematic project, especially in the absence of legal support at present, it is necessary to consider the constraints such as the conflict of legal norms, the conflict of values, the background of the times and the public attitude as a whole, and more importantly, it needs scientific top-level design and the cooperation of judicial, administrative and social forces. Therefore, he suggested that the legal conditions and procedures for the elimination of criminal record should be clarified. The criminal record is not necessarily eliminated, but it should be declared to be eliminated after a specific examination procedure, taking into account the charges, term of sentence, timeliness, performance during and after the completion of the sentence. Zhu Liyu, deputy to the National People

In his view, under the background of vigorously promoting the rule of law in China, the establishment and construction of the criminal record elimination system covering adults and all minors at the right time not only embodies the judicial concept of light and slow criminal policy and humanization, but also reflects the humanistic care for the marginalized groups.

However, he also said that the construction of the system of elimination of criminal record is a complex systematic project, especially in the absence of legal support at present, it is necessary to consider the constraints such as the conflict of legal norms, the conflict of values, the background of the times and the public attitude as a whole, and more importantly, it needs scientific top-level design and the cooperation of judicial, administrative and social forces.

Therefore, he suggested that the legal conditions and procedures for the elimination of criminal record should be clarified. The criminal record is not necessarily eliminated, but it should be declared to be eliminated after a specific examination procedure, taking into account the charges, term of sentence, timeliness, performance during and after the completion of the sentence.