TY  - JOUR
AU  - Pei, Yun
PY  - 2025
DA  - 2025/11/06
TI  - Research on the Construction Value and Path of China's Adult Misdemeanor Sealing System--Based on the High Incidence of Misdemeanors
JO  - Journal of Social Systems and Policy Analysis
T2  - Journal of Social Systems and Policy Analysis
JF  - Journal of Social Systems and Policy Analysis
VL  - 2
IS  - 4
SP  - 181
EP  - 191
DO  - 10.62762/JSSPA.2025.339099
UR  - https://www.icck.org/article/abs/JSSPA.2025.339099
KW  - minor crimes committed by adults
KW  - misdemeanor sealing system
KW  - construction value and path
KW  - scope of record sealing
AB  - In view of the increasing incidence of minor offenses committed by adults, the proper management of adult criminal records has become a pivotal issue in the reform of China's criminal justice system. This paper undertakes a theoretical inquiry into the normative foundations for establishing a record sealing system for adult minor offenses, drawing upon the theory of social defense, the concept of human rights protection, and the principle of penal minimalism. Through a comparative analysis of the legal frameworks in countries such as the United States, Germany, and Japan, the study identifies valuable insights regarding the scope of record sealing, procedural safeguards, and mechanisms for the restoration of rights. On this basis, the paper puts forward a series of proposals for the design of a record sealing system tailored to China's legal context, including clarification of the system's objectives and guiding principles, delineation of its scope of application, procedural design, the legal effects and limitations of sealing, as well as supporting mechanisms. The implementation of such a system would not only contribute to a more humane and precise model of social governance, but also facilitate a shift in criminal policy toward a balanced approach that integrates both severity and social reintegration.
SN  - 3068-5540
PB  - Institute of Central Computation and Knowledge
LA  - English
ER  - 

@article{Pei2025Research,
  author = {Yun Pei},
  title = {Research on the Construction Value and Path of China's Adult Misdemeanor Sealing System--Based on the High Incidence of Misdemeanors},
  journal = {Journal of Social Systems and Policy Analysis},
  year = {2025},
  volume = {2},
  number = {4},
  pages = {181-191},
  doi = {10.62762/JSSPA.2025.339099},
  url = {https://www.icck.org/article/abs/JSSPA.2025.339099},
  abstract = {In view of the increasing incidence of minor offenses committed by adults, the proper management of adult criminal records has become a pivotal issue in the reform of China's criminal justice system. This paper undertakes a theoretical inquiry into the normative foundations for establishing a record sealing system for adult minor offenses, drawing upon the theory of social defense, the concept of human rights protection, and the principle of penal minimalism. Through a comparative analysis of the legal frameworks in countries such as the United States, Germany, and Japan, the study identifies valuable insights regarding the scope of record sealing, procedural safeguards, and mechanisms for the restoration of rights. On this basis, the paper puts forward a series of proposals for the design of a record sealing system tailored to China's legal context, including clarification of the system's objectives and guiding principles, delineation of its scope of application, procedural design, the legal effects and limitations of sealing, as well as supporting mechanisms. The implementation of such a system would not only contribute to a more humane and precise model of social governance, but also facilitate a shift in criminal policy toward a balanced approach that integrates both severity and social reintegration.},
  keywords = {minor crimes committed by adults, misdemeanor sealing system, construction value and path, scope of record sealing},
  issn = {3068-5540},
  publisher = {Institute of Central Computation and Knowledge}
}