我国未成年人犯罪记录封存制度之反思与完善

Reconsideration and Perfection of Criminal Records Sealing System for Minors in China

我国未成年人犯罪记录封存制度在一定程度上顺应了世界保护未成年人的历史潮流,同时也体现了立法者对公共安全的关注。但是,关于该制度的研究,在理念指导层面,存在无条件保护未成年罪犯利益最大化的错误倾向和对犯罪记录封存本身寄予过多希望的问题;在制度具体设计上,不仅存在规定过于粗糙、配套措施尚未跟上的弊端,而且对公共安全与未成年罪犯利益权衡不够科学,对未成年罪犯康复与犯罪记录封存之间的联系亦缺乏必要的关照。未来在完善我国未成年人犯罪记录封存制度时,应当避免错误理念的不当指导,克服制度设计上的缺陷,以最大可能实现既保护未成年罪犯利益,又保障公共安全的双重目的。

Criminal Records Sealing System for Minors in China, to a certain extent, is in keeping up with the trend of minors-protecting around the world, and it also reflects the concern of the legislators on public security. However, when it comes to the research of the criminal records sealing system for minors in China, there is an incorrect tendency to the protection of best interests of juveniles which is unconditional at theory-instruction level. Considering specific systematical constructing of criminal records sealing system for minors, there are some defects, for example, the stipulation is too rough and the supporting measures have not been put forward. Meanwhile, the balance of public security and juveniles interests is unscientific, and the connection of rehabilitation and criminal records sealing for minors is not enough. Therefore, in the process of perfection of criminal records sealing system for minors in China, we should avoid being instructed by wrongful theory, rather, we need to overcome the defects of systematical designing. And then we can reach the dual purposes, one is to protect the interests of juveniles and the second is to guarantee the public security.