The Analysis Of The Crime Penalty Leniency For The Old

The same as the minor crimes, the old is also defined by the age. The reasons are subjective and objective. The mainly subjective reasons are the old unable to adapt to the adverse social, their limitation of physical and psychological development, and the lack of culture;objectively, the ignorance of the family and the society leads the old crimes. On old crimes, according to analyzing the ability of criminal responsibility by the age limitation, from the characteristics of the crime, the text laid the foundation for leniency criminal from certain degree.The leniency to the old in our country dates back to the Slave Society, each dynasty has different absolve policies of crime. On one hand, our country has the tradition of respecting elderly people; on the other hand, it is the inheritance to the law of concerning disadvantaged such as the old, it also reflects the support of a country to the old, the young, women and disabled people, the strong national spirit and the humanities concern of the country's benevolence, certain degree of criminal law, and humanitarian spirit. The crime lenient punishment meets the values of lighting the way of punishment in 21st century, orientation and enforcers to implement "is that the" criminal policy, is to maximize efficiency of the punishment on economics, it also meet the realities of society into old. Compliance with the international criminal law for the punishment of crime trends, our county are also actively exploring for the crime of leniency. The pass of Criminal Amendmentâ…§, marks the treatment of senior criminal legislation for leniency in our country. According to the search on the basis of the crime of the theory research, analyzing the provisions of the crime in Criminal Amendmentâ…§, in the practicing of legislative and law enforcement on the convicted, sentence and its legal supervision organs of the crime. At the same time, the text analysis the definition of"is 75 years old"in Criminal Amendmentâ…§,in certain hopes of better guidance to the judicial practice, and better implement of crime penalty leniency for the old.