Society

China trials expunging minors' criminal records

(Xinhua)
Updated: 2010-10-21 21:31

BEIJING - Juvenile courts across China have started erasing the criminal records of some underage convicts, to prevent them from facing discrimination upon discharge from prison.

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The practice, common in the West, is being trialed in China, where young people applying to enter the armed forces and some jobs are required by law to have their criminal records checked, said Shao Wenhong, a retired Supreme People's Court senior judge.

Shao, now president of the People's Court Daily, said on the sidelines of the Beijing Forum for Human Rights on Thursday that if the trial is successful, the practice will be codified into law.

"It will be a big step forward for the protection of rights in the Chinese judicial system," Shao said.

Still, she admitted, the practice has its critics, as some local officials, employers, and victim-support groups worry it may weaken the law's punitive function and embolden criminals.

"For juvenile offenders, our job is more to educate than to punish them," Shao said. "China has a saying: 'Once mistake and you will regret it for life.' We are about to change that."

Court authorities have yet to stipulate national standards, she noted.

During the trial period, offenders under 18 years of age and sentenced to less than three years in jail or detention have their criminal records cleared upon serving their jail term.

Those who qualify were mostly jailed for minor offences such as theft or robbery, which account for 20 to 40 percent of all convictions of minors in China, court figures show.

About 430,000 minors were convicted in criminal cases in China in the 2000 to 2006 period.

In Laoling County in east China's Shandong Province, court judges have welcomed the practice since it was initiated late last year.

Jia Fengyong, the presiding judge in Laoling's juvenile court, said 99 percent of underage offenders stay out of trouble once they have served their time.

"It's unfair to let them shoulder the burden for the rest of their lives," he added.

In Taiyuan, capital of east China's Shanxi Province, eight convicted minors had their criminal records erased this year.

Local judicial officials have tightened the requirements for the clearing of criminal records to allow only first-time offenders that have served community-based correction orders and one year of probation to have their criminal records erased.

A judicial committee was established to review applications. This year, 30 underage convicts applied but only eight were approved, said Tan Guodong, a municipal judicial official.

Schools and employers should not discriminate against these ex-convicts on the grounds they have served prison terms, he added.

But Tan said the practice remains controversial and that the high court needs to make the standards clear.

"Ideally, the practice should be codified into law," he said.