According to the notice of Opinions on Establishing Criminal Record System issued by the Ministry of Public Security and the Ministry of Justice of the Ministry of National Security in the Supreme People's Procuratorate and the Supreme People's Court, a criminal record refers to the record of a person's criminal behavior. Also known as the criminal record system, in our country's law, it generally refers to the archival records of criminal records, which are generally kept in the public security department.
First of all, the criminal record cannot be eliminated:
1. There is no system to eliminate criminal records in China, and these records will accompany the parties for life. However, the above two records are not open to anyone. Only when judicial organs or lawyers handle criminal cases, they will be provided to the outside world after reporting to the competent authorities for examination and approval. Do not provide inquiry services to ordinary units or individuals;
2, leaving a criminal record, will affect themselves and their children to participate in civil service examinations, conscription and other political trials.
Two, combined with the actual protection of minors in China, the establishment of juvenile criminal record keeping system:
According to Article 286 of the Criminal Procedure Law of People's Republic of China (PRC), if a person was under 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of 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.
Three, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice "Opinions on Establishing a Criminal Record System" pointed out that:
Criminal record is an objective record of criminals by special state organs. Criminal record system is an important part of modern social management system. In order to meet the needs of economic and social development in the new era, further promote social management innovation, maintain social stability and promote social harmony, we now put forward the following opinions on establishing a criminal record system in China.
1, the significance and basic requirements of establishing a 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.
Legal basis:
According to Article 286 of the Criminal Procedure Law of People's Republic of China (PRC), if a person was under 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of 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.
Article 260th of the Provisions on the Procedures of Public Security Organs for Handling Administrative Cases, the documents and materials formed in the process of handling administrative cases shall be filed according to the principle of one case and one volume, and shall be handed over to the archives department for custody or self-custody after the case is closed or the case investigation is terminated in accordance with relevant regulations.