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《刑法修正案(八)》对前科报告制度作了修改,免除了未成年人的部分前科报告义务。但仍缺乏相应的配套制度,进行未成年人前科记录消灭制度飞研究仍然很有意义。本文以贵州瓮安对2008年“6.28”事件中涉案未成年人试行违法及犯罪记录办法的实践为例进行调查研究,并结合全国各地类似实践所取得的成果,对该制度适用范围、法律效果的界定和程序性规则进行探讨。
The Amendment to the Criminal Law (8) has amended the system of reporting of forensic records, and has exempted some of the criminal record obligations of minors. However, there is still a lack of a corresponding supporting system, so it is still very meaningful to carry out research on the system of extinction of minors’ records. In this paper, Guizhou Weng’an on 2008 “6.28 ” cases involved in juvenile delinquency and criminal record practices as an example to conduct investigations and studies, combined with similar practices throughout the country achieved results, the scope of application of the system, The definition of legal effect and procedural rules are discussed.