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我国的未成年人犯罪记录封存制度自2012年《刑事诉讼法》确立以来,在实践中取得良好效果,为未成年犯罪人提供重返社会的机会。但同时由于制度初步建立,其中还存在很多的漏洞,本文提出该制度适用的现实困境,并且针对案件范围、启动主体、查询权等重点问题提出合理化建议。最终明确该制度在我国应当逐步完成由“封存”向“消灭”的过渡,使得立法目的得到充分实现。
Since the establishment of the Criminal Procedure Law in 2012, the system of juvenile criminal record storage in our country has achieved good results in practice and provided opportunities for juvenile offenders to reintegrate into society. However, at the same time, due to the initial establishment of the system, there are still many loopholes in it. This article proposes the practical dilemma applicable to this system and puts forward reasonable suggestions according to the key issues such as the scope of the case, the subject of initiation and the right of inquiry. Finally, it is clarified that the system should be gradually completed in our country from the transition from “storage ” to “elimination ” so that the legislative goal is fully realized.