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未成年在生理上和心理上尚未健全,国家的法律对未成年人加以特殊保护也是维护社会公平正义的需要。我国刑事诉讼法在2012年修改时在“未成年人犯罪案件诉讼程序”专章确立了“犯罪记录封存制度”。但是由于规定较为抽象,在实践操作中存在了些许问题。本文从未成年人犯罪记录封存制度的规定入手,立足现实中制度落实不到位从而没有起到应有作用的现实,提出了关于完善未成年人犯罪记录封存制度的措施。
The minor is not physically and psychologically intact, and the special protection of minors by the law of the country is also the need of maintaining social fairness and justice. When the Criminal Procedure Law of our country was revised in 2012, the “Criminal Records Sequestration System” was established in the “Procedure for the Procedure of Juvenile Delinquency Cases”. However, due to the more abstract rules, there are some problems in practical operation. This article starts from the stipulation of juvenile criminal record sequestration system, and based on the reality that the system is not in place and thus does not play its due role, puts forward measures to improve juvenile criminal record sequestration system.