未成年人刑事污点消灭制度研究

Research into Elimination of Stains from Juvenile Delinquency

刑事污点制度对当事人尤其是未成年人不利的评判效应,对未成年人的发育成长带来诸多不利影响,有违刑事处罚的目的,我国应当确立未成年人刑事污点消灭制度。在适用未成年人刑事污点消灭制度过程中,应当遵守法定的要件和程序。法定的要件包括一般要件和实质要件;法定程序包括申请、管辖和受理、审理和监督、裁定和送达等具体程序。未成年人刑事污点消灭制度具有消除犯罪记录、改变法律评价和免除前科报告等法律效力。

Keeping stained records is an unfavorable evaluation of the litigants (especially of the juvenile). It can bring many negative impacts on the growth of the juvenile concerned and it goes against the purpose of criminal penalty. The essay gives a comprehensive analysis of the “stain-keeping' system and characteristics of the juvenile and thereupon, the author holds that China should secure a “stain-eliminating' system in regard to juvenile delinguency. The essay then probes into detailed conditions, procedures and effects of the suggested system. It is also pointed out that only with tolerating attitudes that are fair and just from the masses, can the juvenile with criminal stains build up their self-esteem and boldly face the reality.