Legislative Defects And Perfection Of The Provisions Of China On Age For Criminal Responsibility

Age of criminal responsibility is to determine a perpetrator of criminal responsibility is not to bear much of the criminal responsibility of one of the key factors, and its application of the sanction, and the application procedure are closely related. Thus, both in common law countries, civil law countries or in China and other socialist countries, the theoretical system of criminal law, it is very important content. The system of the age of criminal responsibility was established with the emergence of the country and criminal justice system for some time. and with the emergence of the principle of subjective imputation . Formed in the slave period, the development of the feudal period, the age of criminal responsibility system in the modern sense began in the period of capitalist society. In our criminal law theory, it is very important content. However, China's criminal law provisions on the age of criminal responsibility, there are many flaws, First, the relative age of criminal responsibility, a greater understanding of the eight crime; second, higher minimum age of criminal responsibility; Third, the age of criminal responsibility Crime there is a big flaw in the system; Fourth, there is no upper age limit of criminal responsibility provisions; Fifth, the age of criminal responsibility in the special penalties for crimes committed by persons for the lack of norms and rationality. I address the above shortcomings, that the age of criminal responsibility to improve our system, we must establish criminal liability oldest age and the minimum number of years Guifan age of criminal responsibility system in the Crime System specific position, to structure the age of criminal responsibility applicable to the particular person penalty system and in particular the judicial process and other aspects.Besides the introduction and the conclusion, there are three parts in this article.The first part: The overview of the age of criminal responsibility system. First, age of criminal responsibility system and the criminal justice system in the country for some time after the election, with the emergence of the principle of subjective imputation was able to establish.The second part: Age of criminal responsibility defects and improving the legislation system. Formed in the slave period, the development of the feudal period, the age of criminal responsibility system in the modern sense began in the period of capitalist society. In our criminal law theory, it is very important content. However, China's criminal law provisions on the age of criminal responsibility, there are many flaws, First, the relative age of criminal responsibility, a greater understanding of the eight crime; second, higher minimum age of criminal responsibility; Third, the age of criminal responsibility Crime there is a big flaw in the system; Fourth, there is no upper age limit of criminal responsibility provisions; fifth, in the sentencing of juvenile delinquency lack of normative rationality.Part III: age of criminal responsibility on the special penalties for crimes committed by persons reasonable suggestions. This section focuses on analysis of the relative criminal responsibility is now on the age of criminal penalties for people that there's no standardization, unreasonable. Author on the death penalty, life imprisonment, confiscation of property for the specific make their own views.