Study On The Lenient Penalty Mechanism Of The Elderly Crime

China has already stepped into an aged community and the elderly crime problems are concerned by more and more people. The elderly are a special social group. Along with the growth of the age, their physical and psychological factors are changing, their bodies are growing old, their intelligence is degenerating and their function of sense is falling. All of these lead to decrease in discernment and control and even loss. Because of the special physical and psychological condition and relatively diminished criminal liability of the aged, they should be punished leniently.The article is divided into four parts.The first part is about the definitions of the aged people and elderly crime and establishment of the age criterion for the aged.The second part introduces the following aspects such as leniency of criminal liability of the elderly, the economic principle in application of criminal penalty and the purpose of penalty, and so on. It also deals with the reason why the elderly crime should be treated leniently.The third part reviews Chinese tradition in legislations of lenient penalty mechanism of the elderly crime and introduces the related legislations in other countries.Combined with the latest legislations, the forth part puts forward some suggestions for improvement of these legislations.