Study On Criminal Liabilities Of Infants

Criminal responsibilities of juvenile refers to those criminal punishments of juveniles due to their criminal actions, or responsibilities of simple negative legal evaluation forced to undertake by state judicial organ, and stipulated by criminal laws. The key point of criminal responsibilities of juvenile is whether the juvenile has the criminal responsibilities capacity, which is closely related to his age. China should adopt some other foreign systems as our special system for criminal responsibilities of juvenile, including security disciplinary disposal, unscheduled pupunishment and criminal record exception, etc.The stipulation in Clause 17. 2 of Criminal Law should be interpreted as 8 individual crimes on the basis of legal principals on crime and crime composition theory. While a juvenile commits a crime over his age, the criminal responsibilities should be identified respectively according to the independence, continuity and durative of his harmful act.With regard to the punishment of infant criminal responsibilities, we should try our best to adopt some auxiliary methods of non-penalty and abatement and exemption from penalty. During the application of punishment on juvenile, death penalty and life imprisonment should be removed, and property punishment and qualification punishment should be avoided.