The Study Of Lenient Punishment To Aged Criminal

Along with the expansion of the old population, crime problem of the old becomes more and more prominent and gradually being one of the problems that today's society needs to confront. But the public have various debates on the necessity to be lenient to the old's crime, path and scope of leniency. This paper tries to give the necessity and rationality of leniency starting from the theoretical and practical perspectives; meanwhile, analyzing many possible paths to be lenient to the old, so as to be beneficial to the law perfection on lenient punishment of the old's crime.This text attempts to analyse the central issue from four aspect.Chapter I actual situation of the old group crime. The coming of aging society makes people pay more and more attention to the old's crime problem; however, some inappropriate knowledge always affects the development of the lenient legislation on the old's crime problem, so making analysis to this problem becomes necessary. From the statistical data of the old's crime, we can find that most crimes are due to the changes of their physical functions and other external changes that the old cannot control. The current legislation doesn't give due considerations to the old's physical and psychological characteristics, and need to continue improve the lenient security system.Chapter II the feasibility analysis on lenient treatments of the aged criminality .Combining leniency with rigidity in the criminal judicial concept requires the circumstances are obviously minor and the harm done is not serious should give a lighter or mitigated punishment.. The impartial and equal idea of value of criminal law also requires to make lenient punishment for old people. Leniency to the old's crime also is beneficial to the effective usage of judicial resources, so the discussion and implementation about the old's crime leniency policy is the inevitable trend of society progress. And the fundamental reason for the old's crime leniency is due to the change of penal liability, which often lowered because of the old's decrease of action capacity and discernment ability. Considering that the same reason caused the change of young person and the old's penal liability, the legislation system of leniency to the old should refer to young person's. Penal legislation tradition from both home and abroad and from ancient to nowadays all tested the feasibility and necessity of leniency to the old, but we should make reference with"Sublation"attitude.Chapter III the reality analysis of lenient punishment to the old. Leniency to the old shall put into practice and begin from death penalty application, leniency plot and penalty of freedom application. The legislation which restrict death penalty to the old is simultaneous improvement of the human rights and legal system, but as cruel punishment, the lenient scope of death penalty currently has still not enough development, it should extend the age limit, make clear the meaning of issued provisions. Leniency to the old should first determine the scope, but the old is a complicated group, imposing uniformity in all cases by age only may cause the inappropriate situation; the addition of the subjective attitude is the amendment to judge the criminal responsibility of the old. It should refer to the lenient system of young person and continue to improve the range and extent of criminal leniency for the old. Because the freedom penalty for the old neither can achieve the purpose of punishment execution nor save a great quantity of judicial resources, we should take the reform or adaptation to the freedom penalty for the old. The author herein put forward the leniency recommendations from three aspects including the replacement of punishment type, the penalty implementation mode, and the content of punishment execution.Chapter IV legislation improvement of lenient punishment to the old. "The criminal who are above Sixty-five years old should not apply the death penalty, except to cause death with particular cruelty" should set in death penalty provision. And clear judicial interpretation to the definition of"causing death with particular cruelty"shall be made. The leniency scope should continue to expand to the "the criminal who are above seventy-five years old should be punished in the lenient or mitigated way and the criminal with intentional offense who are from Sixty-five years old to seventy-five years old should be punished in mitigated or lenient way; in case of criminal negligence, they should be punished in the lenient or mitigated way."Criminal penalty type should give priority to consider the punishment of non-deprivation of liberty, set up the education reform system for the old with the reference of young person's system, and broaden the conditions of serving sentence outside the prison under surveillance.