Research on the Hierarchical Construction of the Sealing System for Adult Minor Criminal Records

Abstract

China's criminal structure shows a continuous decline in serious violent crimes and a significant increase in minor crimes. The Third Plenary Session of the 20th CPC Central Committee has listed the establishment of a sealing system for adult minor criminal records as a key judicial reform task. Currently, China has only established norms for sealing juvenile criminal records. Directly applying this model to adults may cause imbalances in criminal sanctions, insufficient correctional efficacy, and impaired judicial fairness, leaving theoretical disputes and practical gaps in system construction. Based on the principle of proportionality, this study constructs a three-tier “petty crime–minor crime–serious crime” hierarchical sealing system and establishes progressive judgment standards. It systematically improves core elements such as the scope of sealing, unsealing conditions, inspection mechanisms, allocation of powers and responsibilities, and initiation procedures, while clarifying differentiated sealing rules and supporting mechanisms. This research addresses institutional shortcomings in sealing adult minor criminal records, effectively resolves the dilemma of inverted collateral consequences for minor crimes, and facilitates the resocialization of offenders. It holds significant practical value for improving the minor crime governance system and balancing human rights protection with social defense.