The purpose of the system for sealing juvenile criminal records was discussed, which is to provide special protection for the interests of minors and reflect the principle of "education as the main focus, punishment as a supplement". Since its implementation in 2012, this system has received widespread praise. However, major juvenile delinquency cases in the past two years have raised concerns that the system may facilitate crime. The author believes that by setting reasonable sealing conditions and substantially evaluating the impact of minors on society, the contradiction between maintaining social order and protecting minors can be balanced, ensuring that the interests of both parties are taken into account.

1、 The current application status of the system for sealing juvenile criminal records

On May 30, 2022, four departments in China jointly issued the "Implementation Measures" to standardize the operation of sealing juvenile criminal records, but did not change the sealing conditions. The current conditions only include age and punishment, lacking substantive considerations such as the nature of the crime, motive, and repentance. From April 2017 to April 2022, over 80000 minors were not prosecuted for crimes and over 150000 were sentenced to less than five years. Setting only formal conditions may improve efficiency, but it ignores the principles of education, persuasion, and saving minors, and cannot reflect fairness.

2、 The necessity of adding substantive conditions to the system of sealing juvenile criminal records

Explored the necessity of adding substantive conditions to the system of sealing juvenile criminal records. Firstly, it is pointed out that minors have stronger plasticity compared to adults, but it is difficult to accurately judge their plasticity based solely on age and punishment. Therefore, more substantial conditions are needed to determine the sealing of records. Secondly, it is emphasized that the personal danger of minors is relatively low, but this danger cannot be judged solely by age and punishment, and factors such as the offender's form of guilt, confession, and repentance should be considered. Furthermore, the criminal policy of balancing leniency and severity was discussed, and it was believed that there should be differential treatment between minors and adult offenders, as well as differences between different minors. However, the current "one size fits all" standard cannot achieve such differential treatment. In addition, dialectical materialism provides a theoretical basis for the sealing system, believing that people are changeable, but the possibilities and directions of change are different, and more substantive standards are needed to regulate them. Finally, the principle of two-way protection requires that while protecting the interests of minors, the protection of social interests should also be emphasized. The current system may overly protect minors and neglect social interests. Therefore, substantive standards should be added to the conditions for sealing juvenile criminal records to achieve more fair and effective protection.

3、 Ways to improve the substantive conditions for applying the system of sealing juvenile criminal records

Explored the substantive conditions for improving the system of sealing juvenile criminal records. Firstly, it is suggested to distinguish the subjective motive of the crime, treat intentional and negligent crimes differently, relax the sealing conditions for negligent crimes, and implement stricter sealing standards for minors who commit intentional crimes. Secondly, for minors with serious crimes, although they have a high social harm, they should also enjoy special protection. It is recommended to set stricter sealing conditions, such as extending the probationary period and requiring a clear attitude of confession and repentance. In addition, it is suggested to set a reasonable probationary period, based on the length and type of punishment, and quantify the factors to achieve a balance between the interests of minors and the interests of society. Finally, it is proposed to impose prohibitions on some juvenile offenders during the probation period to purify their living environment and reduce the possibility of recidivism.