On The Stage Of The Age Of Criminal Responsibility In China

The age of criminal responsibility under the Criminal Law refers to natural hazards on their social behavior should be held criminally responsible must reach the age. Pursue the perpetrators of criminal responsibility as the main element of punishment from the age of criminal responsibility if set too high, will indulge crime, criminal law goes against the original intention of the contrary, if set too low, it may be too broad of a combat situation , Does not conform to the purpose of penalties. Penal all countries in the world according to their own actual conditions to be provided on the age of criminal responsibility, China's Criminal Law is no exception, the provisions of Article 17 of the criminal responsibility of natural persons of different ages. In accordance with this provision, China's natural to assume the age of criminal responsibility seems to have made a clear distinction, and in criminal law on the establishment of a basic system of the embryonic age of criminal responsibility, but carefully weighed up, there are still many problems, which Must not cause a controversy.On the one hand, China's Criminal Code since 1997 has been revised implementation of 10 years, and this decade, social, political, economic, cultural and science and technology in the development and progress, China's juvenile crime trends in the younger age is also growing , The proportion of a criminal offence not only increase year by year, but increasingly serious crime forms and means of increasing adult, gangs, the escalating level of violence, which triggered a lower age of criminal responsibility should be the lower limit of heated debates;On the other hand, the Criminal Law Article 17, paragraph 2, of eight counts of crimes should be or is related to criminal acts? Is it necessary in an increase in other serious crimes? Theory sector has been endless controversy. Even in the August 22, 2002 the NPC Standing Committee Legislative Affairs Commission of a legal interpretation --'About 14 years full of people under 16 years of age of criminal responsibility of the views of the answer'clear that'Article 17 of the Criminal Code The provisions of paragraph 2 of the eight crimes, refers to specific criminal acts rather than specific counts…', this argument did not stop, but growing, and even expand the scope of the controversy to'Do the Work Committee of the NPC Standing Committee have the right Interpretation?'In addition, criminal law academics and the judiciary on whether it is necessary to determine specifically for the elderly age of criminal responsibility of the crime problem of the ceiling also started a lot of discussion, more and more people wrote that:'China's criminal law should be expressly provided the maximum age of criminal responsibility'Some people have even made this clear the upper age limit for criminal responsibility, such as'China should be at least 65 years of age and above the provisions of the elderly people to limit the ability of criminal responsibility'.This paper attempts to study China's stage of the age of criminal responsibility from the evolution of the law, the Legislative value, in terms of social reality,etc. Because the Penal Code relating to the age of criminal responsibility in the system design, not only reflects the legislators on the criminal responsibility of a natural legislative values, but also directly related to the minors illegal and criminal activities of the containment and prevention, criminal sanctions and tolerance for the elderly. Hope that through this research on China's age of criminal responsibility to the shortcomings and inadequacies of the system to a certain degree of review, the improvement of this system would be beneficial.