The Research On Penalty-relief Of Senior Crime

As China's current social and economic development and the implementation of one- child policy in the last century, the family planning system, our society has entered into the aging stage, and the rate of aging is growing. With the increase of elderly population, the rate of senior crime are gradually rising, which brings the academics and the community's attention on. It becomes the controversial issue whether we should do punishment for elderly people. Compared with juvenile delinquency, it is indisputable fact that our national criminal law on senior crime is not integrity and it is a very weak issue on our criminal law theory. Thankfully, in recent years, a growing number of scholars and legal officers give constructive suggestions on the elderly criminal responsibility system. By these background factors, in February 25, 2011, the "Criminal Law Amendment (viii)" created the leniency penalties item for senior criminals, and add the prescript that seventy-five years and above people is not suitable to the death penalty and shall be applied the probation, which shows the criminal legislation in the new China has taken a significant step.This paper attempts to connect the theory of elderly crime and criminal legislation. In view of this amendment, this essay will discuss elderly criminals which were rarely researched before and study deficiencies of the related issue.Article is divided into three parts, about26000 characters.The first part is about the concept and status of elderly crime: firstly, it proposes the concept of elderly crime, and cite the recent years typical cases of the elderly criminals and quotes criminal justice-related data, and I will analyze the status.The second part is about the proposed amendment being basis and significant for excusable elderly crime. The author believes that the Criminal Law Amendment (viii) proposed is of importance for senior people. By influence of our history, there is an ordain'we should reduce punishment for elderly and youth'in ancient and modern law. This Amendment is based on Confucian, a contemporary new "filial piety" Law Ethics; the core is people-oriented and is the proper meaning and significant features of harmonious society; forgiveness system is decide as the old people own characteristics; it is the policy implementation and it is base on criminal inner spirit, reflecting the trend of Penalty. Third part is about the assessment on the meaning of"Criminal Law Amendment (viii)"carried out, so this part is also the focus of this article. Firstly, the paper analyzes the relation of elderly criminals from punishment and applicable criminal law everyone equal principle, and puts forward the relationship between the consistent essentially. Then the paper comments the provisions of elderly criminals absolve degree, and points out that the amendment according to the different situations of elderly crime prescribed "should put" and "but" is right . Finally, I comments rules of the elderly criminals absolve range .I give some suggestion on suitable elderly criminal age and conditions. I suggest commuting and paroling for old people in 75 years old and over, and advice to loosen the elderly criminal's commutation, and pay attention to the establishment and application of community correctional system, in order to achieve the execution of punishment has a more reasonable human nature.