Beyond the liberal legal subject: Relational responsibility, relational autonomy, and the sealing of minor criminal records in China

Criminal records now circulate as persistent digital traces across state databases, commercial background-check systems, and algorithmic infrastructures, creating enduring barriers to social reintegration. This article argues that prevailing sealing regimes, grounded in a liberal conception of the autonomous legal subject who bears individual responsibility for the consequences of past conduct, overlook how record-related harms are produced relationally and structurally, affecting families, employers, and other connected parties who bear no culpability. Through a doctrinal comparison of sealing regimes in the United States, Scandinavia, Canada, and China, this research identifies three structural deficits: the absence of relational harm mapping, the framing of sealing as information control rather than autonomy restoration, and binary responsibility allocation. To address these deficits, the article proposes a Relational Sealing Model comprising relational harm identification, relational autonomy restoration, and relational responsibility redistribution. This model reframes sealing as a forward-looking project of relational justice, in which the state, market actors, and digital platforms share responsibility for rebuilding the conditions for meaningful reintegration.

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Publication Details

Journal
International journal of law, crime and justice
Published
2026-09-26
DOI
https://doi.org/10.1016/j.ijlcj.2026.100904
Primary Topic
China's Socioeconomic Reforms and Governance
Type
article
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article

Beyond the liberal legal subject: Relational responsibility, relational autonomy, and the sealing of minor criminal records in China

Wanqiang Wu, Zhe Wang
International journal of law, crime and justice
China's Socioeconomic Reforms and Governance
article

Beyond the liberal legal subject: Relational responsibility, relational autonomy, and the sealing of minor criminal records in China

Wanqiang Wu, Zhe Wang
article en

Abstract

Criminal records now circulate as persistent digital traces across state databases, commercial background-check systems, and algorithmic infrastructures, creating enduring barriers to social reintegration. This article argues that prevailing sealing regimes, grounded in a liberal conception of the autonomous legal subject who bears individual responsibility for the consequences of past conduct, overlook how record-related harms are produced relationally and structurally, affecting families, employers, and other connected parties who bear no culpability. Through a doctrinal comparison of sealing regimes in the United States, Scandinavia, Canada, and China, this research identifies three structural deficits: the absence of relational harm mapping, the framing of sealing as information control rather than autonomy restoration, and binary responsibility allocation. To address these deficits, the article proposes a Relational Sealing Model comprising relational harm identification, relational autonomy restoration, and relational responsibility redistribution. This model reframes sealing as a forward-looking project of relational justice, in which the state, market actors, and digital platforms share responsibility for rebuilding the conditions for meaningful reintegration.

International journal of law, crime and justiceVol. 87
Sun Yat-sen University (CN)
Openalex Percentile: Top 3%
China's Socioeconomic Reforms and Governance
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Beyond the liberal legal subject: Relational responsibility, relational autonomy, and the sealing of minor criminal records in China — Wanqiang Wu, Zhe Wang · International journal of law, crime and justice (2026) | TGRS Research Map | TGRS