Download
China's top prosecuting authority said it is looking into revising a regulation that limits access to juvenile criminal records, a move that many attorneys have called for.
According to Han Yaoyuan, director of legal policy research for the Supreme People's Procuratorate, the authority is aware of the difficulties in enforcing the rules and is collecting suggestions.
Han met with judicial professionals and insiders at a seminar last week, but he did not say when the amendment could be completed.
If it happens, legal experts say it could pave the way to changing a similar article in the Criminal Procedure Law that has caused confusion due to nonspecific language.
The debate focuses on rules about sealing the criminal records of minors, which came into effect with the revised Criminal Procedure Law on Jan 1. Many prosecutors have complained that they were confused about how to carry it out.
Under the original law, the criminal records of people under 18 can be sealed if the sentence is less than five years. The article aims to better protect juveniles' rights, but it does not clearly define the legal organs or related departments that can access the files, said Zheng Ruizhi, a prosecutor in Beijing's Dongcheng district.
In broad terms, legal organs are police, courts, prosecuting authorities, prisons, customs and correction centers, and related departments include government administration and enterprises, he said.
"In other words, almost every department has the right to a person's criminal record if they can provide a reason," he said, which is contrary to the original intent.
Chen Yunhong, Zheng's colleague, also said the reasons for looking up the records should not be loosened too much or else the article is useless.
He suggested courts be authorized to decide whether other departments or organs have the right to see youngsters' criminal records, saying the enquiry must also be based on these authorities' applicants.
For Yao Jianlong, a professor specializing in criminal justice at Shanghai University of Political Science and Law, problems also lie with the fact that the rules allow the sealing of criminal records based on the juvenile offenders' sentence.
About 80 percent of minors receive sentences of less than five years, he said,citing a survey by the university, "but the article does not apply to all of them".
In the United States, minors who commit violent crimes, such as rape or murder, will not have such crimes struck from their records because such offenders pose great danger to the public, he added.
Lin Wei, a professor at China Youth University for Political Sciences, said legislators should take public security into consideration.
"The public has a right to know what kind of people are living around them," he said.
Lin also called for punishment for those who release a young offender's case, be they police officers, prosecutors, judges, community correction workers or school employees.
The article seals a minor's criminal record instead of erasing it, which causes many young people to face job restrictions, said Guo Jie, a judge for Sanming, Fujian province.
Questions:
1. The criminal records of people under 18 can be sealed if the sentence is less than how many years?
2. Yao Jianlong is a professor specializing in criminal justice at which university?
3. What percentage of minor offenders receive sentences of less than 5 years?
Answers:
1. 5 years.
2. Shanghai University of Political Science and Law.
3. 80%.
About the broadcaster:
Lance Crayon is a videographer and editor with China Daily. Since living in Beijing he has worked for China Radio International (CRI) and Global Times. Before moving to China he worked in the film industry in Los Angeles as a talent agent and producer. He has a B.A. in English from the University of Texas at Arlington.
少儿英语圣经故事17:Story of Joshua约书亚的故事(1)
少儿英语圣经故事07:Story of Moses 摩西的故事(1)
少儿英语圣经故事38:Elijah以利亚(1)
少儿英语圣经故事48:Elisha以利沙(5)
少儿英语圣经故事64:Waiting等待
少儿英语圣经故事22:Story of Joshua约书亚的故事(6)
少儿英语圣经故事26:The good shepherd好牧人
少儿英语圣经故事49:Elisha以利沙(6)
少儿英语圣经故事52:Daniel但以理(3)
少儿英语圣经故事73:Compain抱怨
少儿英语圣经故事72:All things work together万事互相效力
少儿英语圣经故事56:In the Beginning起初
少儿英语圣经故事33:Daniel Keeps His Life Pure纯洁的但以理
迪斯尼动画儿童英语故事《小美人鱼》:你的鱼鳍变冷了
少儿英语圣经故事12:Story of Moses摩西的故事(6)
少儿英语圣经故事57:In the Beginning起初
少儿英语圣经故事39:Elijah以利亚
少儿英语圣经故事06:Story Joseph约瑟的故事(6)
少儿英语圣经故事31:Life is valuable人的价值
少儿英语圣经故事35:Stephen Is Persecuted受逼迫的司提反
少儿英语圣经故事69:Trusting God信靠主
少儿英语圣经故事16:Story of Moses摩西的故事(10)
迪斯尼动画儿童英语故事《公主与青蛙》:对星许愿是不够的
少儿英语圣经故事44:Elisha以利沙(1)
少儿英语圣经故事47:Elisha以利沙(4)
迪斯尼动画儿童英语故事《公主与青蛙》:抓住男人的胃
少儿英语圣经故事68:Faithful is He他必成就
少儿双语幽默小故事:Naughty Brother顽皮的弟弟(双语阅读)
少儿英语圣经故事50:Daniel但以理(1)
少儿英语圣经故事58:In the Beginning起初
不限 |
英语教案 |
英语课件 |
英语试题 |
不限 |
不限 |
上册 |
下册 |
不限 |