Ma Zhengpeng

Shanghai Minglun (Suzhou) Law Firm

Abstract：

Against the backdrop of a persistent trend toward minor offenses in China's criminal structure, the minor offense record sealing system has emerged as a crucial institutional arrangement for advancing judicial civilization and ensuring the smooth reintegration of offenders into society. This system aims to mitigate the stigma associated with prior convictions by restricting access to and use of eligible minor offense records, thereby balancing the multiple values of punishment, rehabilitation, and social inclusion. However, current Chinese legislation remains centered on sealing juvenile criminal records, lacking a unified regulatory framework covering minor offenses committed by adults. This paper, grounded in core concepts, examines deficiencies in existing legislation and explores improvement pathways suited to China's national conditions across four dimensions: legislative system, scope of application, procedural design, and supporting mechanisms. It seeks to provide theoretical underpinnings and practical guidance for the system's implementation and institutionalization.

Key Words：

minor offenses; record sealing; legislative review; refinement