Studies On Problems Of Criminal Liability For The Minors

Now the quantity and quality of minor crimes has continuously increased and become very serious, which gravely threatens the social order and becomes a social problem. Like adult crimes, minor crimes are the result of the comprehensive effect of various kinds of negative factors, and are closely related to the trend of social development in certain period. On one hand, it is a reflection of social problems and defects in political, economic, cultural and ethical fields; on the other hand, it is also a manifestation of the physical and mental problems of the minors. So the responsibility of minor crimes is indidividual to the indidividual offenders, but is social to the society.Although the criminal punishments are provided to punish the minor crimes in accordance with China's criminal law, they are also an educational means against minors' criminal behaviors and are protective, educational and preventative means in the purpose and nature of punishment. In order to convict and weigh sentences correctly to the minor offenders, and attain the goal of educating, saving and rehabilitating them, we need to research the present situation and problems of the protective function of China's criminal law, and further improve the criminal law's protection system to minors.In part one, his dissertation will define the conception of the minors, and analyze the minor's physical and mental characters. Based on this, the rest parts will discuss such problems as the fundamental principle and the scope of the minor's criminal liability, the applicable criminal punishment, etc. and made some suggestions to improve the criminal responsibility system of minor crimes.In part two, this dissertation will suggest to revise the Article 17,section 4 of China's criminal law, to divide into two scopes of age to manage, and to create another special suspension of sentence system--minor's suspension of sentence system, and will make some suggestion to the construction of the system. In part three, this dissertation will discuss the scope of the minor's criminal liability, especially in the scope of the minor offender's criminal responsibility in committing intentional homicide, intentionally hurting another person so as to cause serious injury or death of the person, or committing rape, robbery, drug-trafficking, arson, explosion or poisoning. On the problem of the applicable criminal punishment of minors, the writer suggests that we should consider the minors' behaviors in their everyday life, and introduces the "moral evidence" into weighing sentences to the minor offenders. On the problem of the applicable kind of punishments of minors, the writer considers that life imprisonment and deprivation of political rights can not apply to minors, but in some circumstances, fines can applied to minors, and makes some suggestion on paying the fines by minors. On the problem of the execution of punishment, the writer suggests that the superior People's Courts should take back the power of commutation of punishment and parole, so that they can make relatively flexible decision according to special conditions of minor offenders. In part four, the writer will suggest to abolish the previous criminal record system, so the recidivist system cannot apply to minors. The writer will also suggest that the criminal law should set a special chapter to provide the system of minors' responsibility for crime, establish the special court and set up the non-punishment handling system for minors.