In recent years,the trend of younger juvenile offenders in China has become increasingly prominent,posing significant challenges to the record sealing and expungement system for juvenile misdemeanors.Grounded in the p...In recent years,the trend of younger juvenile offenders in China has become increasingly prominent,posing significant challenges to the record sealing and expungement system for juvenile misdemeanors.Grounded in the principles of human rights law and the theory of misdemeanor governance,and drawing on representative cases from judicial practice,this paper analyzes the dilemmas encountered in implementing the system.On the legal level,issues such as disconnection between higher-and lowerlevel laws and the narrowing of applicable scopes result in contradictions like“legal sealing but practical disclosure.”On the social level,generalized labeling effects,the persistent impact of implicit labels,and the collateral consequences of criminal records violate juveniles'rights.In terms of procedural safeguards,problems include the formalization of sealing procedures and the lack of remedial mechanisms.To address these challenges,the paper proposes improvement strategies from three dimensions:constructing conflict coordination mechanisms,implementing comprehensive sealing of criminal records,and strengthening postexpungement safeguards.This includes establishing a tiered inquiry system and a limited expungement regime,advancing the activation point for sealing procedures,preventing the spread of negative evaluations,and enhancing systems of education,employment,and family support.The study aims to promote a shift from“formal record sealing”to“substantive expungement,”building a juvenile justice protection model with Chinese characteristics,transitioning from“punishment of crime”to“restoration of relationships,”and facilitating the reintegration of juvenile offenders into society without a trace.展开更多
文摘In recent years,the trend of younger juvenile offenders in China has become increasingly prominent,posing significant challenges to the record sealing and expungement system for juvenile misdemeanors.Grounded in the principles of human rights law and the theory of misdemeanor governance,and drawing on representative cases from judicial practice,this paper analyzes the dilemmas encountered in implementing the system.On the legal level,issues such as disconnection between higher-and lowerlevel laws and the narrowing of applicable scopes result in contradictions like“legal sealing but practical disclosure.”On the social level,generalized labeling effects,the persistent impact of implicit labels,and the collateral consequences of criminal records violate juveniles'rights.In terms of procedural safeguards,problems include the formalization of sealing procedures and the lack of remedial mechanisms.To address these challenges,the paper proposes improvement strategies from three dimensions:constructing conflict coordination mechanisms,implementing comprehensive sealing of criminal records,and strengthening postexpungement safeguards.This includes establishing a tiered inquiry system and a limited expungement regime,advancing the activation point for sealing procedures,preventing the spread of negative evaluations,and enhancing systems of education,employment,and family support.The study aims to promote a shift from“formal record sealing”to“substantive expungement,”building a juvenile justice protection model with Chinese characteristics,transitioning from“punishment of crime”to“restoration of relationships,”and facilitating the reintegration of juvenile offenders into society without a trace.
