Study On Lenient Treatments Of Aged Criminal In Criminals' Judgement

Following the development of social economy,China has stepped into the range of aging countries.This indicates our social life has reached a high level since the reform and open policy proposed thirty years ago,meanwhile it challenges our society. Together with aging society,new social contradictions and social pressures raise,which ask for well preparation of policy,system,material,thoughts,etc.Thus in the field of criminal law studies,whether aging criminals should be the subject of special treatments and a special penalty system should be adopted,gradually gains attention.Based on the idea that aging people differ from ordinary adults in many aspects, in-depth comparison and analysis are made;the present paper holds that lenient treatments should be adopted in aging criminals' judgment.The reasons lying in the proposal are that,firstly without distinguishing aging people and ordinary people it tends to cause unjust judicial ad-judgment;secondly following the gradually weakening of capacity of discernment and criminal liability,the aged ought to be distinguished from the ordinary in the judgment of capacity of criminal liability;thirdly according to the basic principles of criminal law,economy principle,our traditional lenient thinking and humanist theories,the aged should also be specially treated;finally legislation of China has been showing solicitude towards the aged,and some foreign examples can also be cited to exemplify the idea.In addition to these ideas,some relative practical suggestions are also raised in the present paper,even though these ideas still seem to be tentative.