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Arguments On Lenient Penalty Applied With Aged Criminals

Posted on:2008-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhangFull Text:PDF
GTID:2166360215487187Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China has been an irreversible aged community in the 21stcentury. The aging population in China, which attractsworldwide concern, has not only presented problems of Chinaitself, but also having impact on the global aging process. Itwill bring an array of new challenges and pressures on economicand social development, for which the state and society hasactively made preparation from different perspectives to facethe challenge. In the field of law, the issue of specificpunishment system on the aged criminals has attracted wideattention and raised discussions by experts from both insideand outside of China. The article has argued the lenientdisposal of aged criminal and introduced concretesuggestionson applying lenient disposal in judicial practice.The article is composed by three parts.The first part is General Introduction. It defines the agedpeople and aged criminals, ascertains the age group for the agedand has statistic analysis on the situation of their crime.The second part is the reasons that the aged criminalsshould be treated with lenient disposal. It reasons the specific treatment in considering the following aspects:lenient nature of punishment, the objective of individualprevention, the economic principle in punishment application,capability of aged criminals' responsibility, Chinesetraditional legal morality of sympathizing and caring the agedpeople and special stipulation for aged people in laws of othercountries.The third part is suggestions on legislation of lenientdisposal of aged criminals. The legislative suggestions arearguing how to judge and apply penalty on aged criminals. Inthe part of judging penalty, it asserts the aged people indifferent age group should be treated with different lenientdisposal. The suggestions that probation on aged criminals andno capital penalty on the criminals over 70 years old are alsopresented. On the other part, it has put forward concretesuggestions on abatement from penalty and parole for agedcriminals.
Keywords/Search Tags:The aged people, Aged criminal, Lenient, Penalty
PDF Full Text Request
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