1. What's the difference between criminal record and criminal record?
1, criminal record, criminal record are common expressions among the people, not French, and will not be used in formal judicial documents. For the criminal acts of the persons involved before, the judicial organs will use a clearer description, such as what kind of legal punishment someone has received, whether it is administrative punishment or criminal responsibility. The criminal record is very clear, that is, a person has committed a crime and was investigated for criminal responsibility. It is specially stated here that many friends will confuse illegality with crime. Crime is a proprietary concept in the field of criminal law. Of course, illegal acts will leave records, but other records have little impact on personal work and life except drug abuse. Once a person has a criminal record, there is no doubt that he is subject to control everywhere.
Finally, I want to talk about this certificate of no criminal record. It is worth mentioning that the public security organ issued a certificate of no criminal record on the basis of the court's judgment. Even people who have been suspected of committing crimes should be punished as long as they are not sentenced by the court. However, due to the special requirements of some occupations, industries and specific matters, it is very common to issue certificates of no criminal record. What I want to explain to you here is that only when there are special requirements, you need to issue a certificate of no criminal record. If you have a criminal record, it will affect your enlistment, and some occupations will also restrict the employment of people with criminal records, such as lawyers, civil servants and securities industry. Those who intend to engage in these occupations should apply to the public security organs for a "certificate of no criminal record". So what impact does the violation record have on life? Illegal records will affect police recruitment and political examination in public security colleges. According to the national regulations on political review of conscription, citizens who have been subjected to criminal punishment, administrative detention or reeducation through labor and are suspected of breaking the law are not allowed to be recruited for active service.
Second, the significance and basic requirements of establishing the criminal record system
The establishment of criminal record system and the reasonable registration and effective management of criminal information will not only help the relevant state departments to fully grasp and use criminal information, formulate and adjust criminal policies and other public policies in time, improve and perfect relevant laws and regulations, effectively prevent and control crimes, and maintain social order, but also help protect the legitimate rights of those with criminal records and help them return to society smoothly.
In recent years, great progress has been made in China's criminal filing work, and relevant departments have actively explored the establishment of a criminal filing system. It is of great significance for judicial work to serve the overall situation, promote the resolution of social contradictions and promote the innovation of social management mechanism to conscientiously sum up and popularize beneficial practices, carry out criminal information registration management nationwide and gradually establish and improve the criminal record system.
To establish the criminal record system and carry out the criminal record work, we should fully implement the criminal policy of combining leniency with severity within the overall framework of the reform of the judicial system and working mechanism in accordance with the overall requirements of thoroughly implementing Scientific Outlook on Development and building a harmonious socialist society, so as to promote social harmony and stability and healthy economic and social development. Based on the national conditions, fully consider the current situation of China's economic and social development and the people's ideas, and pay attention to the convergence with existing laws and regulations. It is necessary to fully understand the current situation that China's criminal record system and related work are still in the initial stage, grasp the key points, and gradually promote it to ensure that this work can be carried out steadily and orderly, so as to create conditions for further improving China's criminal record system and improving the working mechanism of criminal record.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 275 stipulates that if a person was under the age of 18 at the time of committing a crime and was sentenced to imprisonment for not more than five years, the relevant criminal records shall be sealed.
If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
Criminal record and criminal record are essentially different, and we need to distinguish them carefully.
Article 286
If he was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed up. If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.