在宽严相济的刑事政策背景下，过分强调犯罪记录的警示作用可能阻碍未成年犯罪人积极进行改造以重新回归社会，并会对其人格重塑和思想改造带来较为严重的负面影响。对此，未成年人犯罪记录消除制度的有效运作不仅能够克服这些缺陷，而且能够切实保障未成年犯罪人受到社会的公正对待，符合现代刑事法治理念提倡的非刑罚化的价值追求和发展趋势。具体而言，通过批判继承国外的制度设计和实践方案，应当从实体内容和程序构造两个方面改造并完善我国的未成年人犯罪记录消除制度，并将裁量的立法模式纳入其规范构建之中。惟其如此，未成年人犯罪记录消除制度才能够真正贯彻宽严相济形势政策的精神实质和深刻内涵，以实现制度与政策之间的有效衔接和完美配合。%Based on the criminal policy of combining punishment with leniency, excessively emphasizing the warning function of the criminal records will keep the juveniles who commit crimes from actively reforming themselves as well as returning to society again, and also have serious negative effects on the juveniles' ideological transformation and personality remolding. In this regard, the effective operation of the system of eliminating the juveniles' criminal records can not only overcome these defects, but also faithfully ensure that the juveniles are treated by the society with justice as well as according with the value pursuit and development tendency of depenalization which the penal idea of rule by law advocates. To be speciifc, on the basis of inheriting critically the foreign system design and practical experience, the establishment of the system of eliminating the juveniles' criminal records should adopt the discretionary legislation model as well as remold and perfect the system in the two respects of entity content and execution procedure. This and only this will guarantee that the system of eliminating the juveniles' criminal records is capable of authentically carrying out the spiritual substance and profound connotation of the criminal policy of combining punishment with leniency with the purpose of realizing that the system is able to effectively link up with the policy and they will hand in glove.
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