Study On Institution Of Elderly Crime Criminal Responsibility

Many differences exist between the elderly crime and the normal crime because of the feature of the elder. Life is always an aging process, which leads to the criminal capacity reduced. So many countries from the world deal especially with the elderly crime. Ancient Chinese law also have the similar provisions, so we should legislate the elderly offence to a lighter punishment. Amendmentâ…§to the criminal law was just introduced, and the thesis focuses on discussing how to take a proper approach to use it and how to improve it.The thesis focuses on the elderly crime and criminal responsibility tightly. After referencing the relevant provisions of the extraterritorial and our history, and analyzing the lenient punishment theory for elderly crime, doing the interpretation for Amendmentâ…§to the criminal law, the author put forward the point of view, and in-depth and comprehensive proved the rationality of this idea. There are four parts here with over 20,000 words.In section one of this thesis, we start with Wei Youde Intentional Homicide, point out that there are different treatments to old people committing a crime at different places in China before Amendmentâ…§to the criminal law was issued. For example, it incurs lenient treatment in some cases considering the elderly different from adults in terms of physiological conditions which are ignored completely in the other cases. Therefore, cases are decided arbitrarily, even more, the same cases incur different sentences at the different place which do damage to authority of law. Secondly, we introduces the laws about lenient treatment to elderly crime of the Western Zhou Dynasty, the Warring states Period, Western Han Dynasty and the Tang and Song Dynasties. In this period, the treatment is relevant to the guiding ideology of the legal system. Then, the related modern laws are introduced, there are laws about lenient treatment to elderly crime from modern first laws to relevant laws at Anti-Japanese War Period, which shows that the modern law inherits the from ancient relevant laws; therefore, there are foundation of lenient treatment to elderly crime. Finally, the paper introduces the four modes of foreign lenient treatment to elderly crime, including escape mode, easy mode, applicable model for easing favorable conditions and the reference model which can be referred by China.In section two, the theory of liberal criminal penalties for the elderly were analyzed, Firstly, we come to a conclusion that the old age has less capacity of responsibility than adults by analyzing capacity of responsibility from the point of age. Then by combining the above-mentioned conclusions and the principle of punishment, we analyze the characteristics and causes of crime and the elderly crime should come to the conclusions of light torture.Thirdly, from the criminal aspects of humanity, on the one hand, the penalty system in our current system of the basic sentence types meet the humanitarian requirements, on the other hand, the criminal humanitarian is developing,as a result,the elderly crime should be treated leniently under the background of the death penalty being limited. Finally, our tradition of giving preferential treatment to old people committing a crime proves that the elderly should be punished leniently.In section three, we interpret the relevant provisions of Amendmentâ…§to the criminal law. Firstly we take a macro approach to the provisions of Amendmentâ…§to the criminal law, compare the age of extraterritorial elderly crime starting time with the local average life expectancy, analyze the 75-year-old age and the birth of China's average life expectancy of the population,then provided reasonableness of the provision which specify the starting point of 75 years of age that do not apply the death penalty, once again we explain the three term of "The.death penalty is not to be applied", "special probation", "reducing or mitigating punishment", and finally point out that deficiencies of provisions of Amendmentâ…§.In section four, we improve the punishment system of giving preferential treatment to old people committing a crime. Firstly, we deduce the starting point of the age, and the death penalty should not be applied at the age of 75, while the starting point of age in other two provisions is changed to 60, and rules are different in different age group.Secondly, by discussing whether the case is suitable for life imprisonment which do not apply in the death penalty and apply for mitigation, we draw a conclusion that criminal penalties for the elderly can be applied to life imprisonment. Finally, by bring the introduction of the elderly care system, we describe the relevant provisions of extraterritorial law and analyze these provisions from the perspective of Economics to determine the applicable conditions of Elderly Guardianship System.