The Elderly Mitigation Of Criminal Responsibility

1996"The People's Republic of China Older Persons Protection Law"was promulgated, which protected the senior citizen's rights as social vulnerable groups, the legal level, guaranteed. Since then, various provinces and municipalities have enacted relevant implementing regulations one after another."The People's Republic of China on Administrative Penalties for Security Law"21st also made a special stipulation concerning the 70 year-old above senior citizens who violate the public security management. On February 9, 2010, the Supreme People's Court held a press conference to announce the"relative degrees of strictness on the implementation of several pieces of criminal policy advice". In this document, the appropriated lenient criminal punishment has been provided for the elderly. However, the"opinions"designed to solve policy-oriented issues and can not provide concrete standards for conviction and sentencing. Therefore, it is necessary to stimulate the relatively leisured criminal policy referring to the elderly in the criminal legislation, and make the conviction sentencing standards concrete.The author believes that most of the elderly are frail, their relatively diminished criminal responsibility should be considered on their sentences, the author took the elderly criminal responsibility as the center, has demonstrated reasons that the elderly criminal responsibility of the senior citizen should leisurely, and has proposed concrete perfect measures. Full-text is divided into four parts:The first part, an overview of the leisurely criminal responsibility concerned the senior citizen. This part mainly defined the concept of Elderly crime, has pointed out explicitly"the senior citizen"should refer to 70 year-old above people, distinguishes"the senior citizen"in the sociology. The author has draw out the subject that how to deal with the senior citizen criminal responsibility through specific cases, and has put forward the author's viewpoint--the senior citizen's criminal responsibility should leisurely.The second part, the causes of the senior citizen criminal responsibility should leisurely. In this section, the author has analyzed thoroughly from the elderly relatively diminished criminal responsibility, the purpose of penalty's special prevention, Modesty of penalty, penalty individualization, and has refused several opposed viewpoints.The third part, the legislative investigation of leisurely criminal responsibility concerned the elderly. In this part, the author has made a detailed introduction to the ancient and moderns in China and abroad concerned the leisured stipulation of the elderly criminal responsibility.The fourth part, concrete proposals of leisured criminal responsibility concerned the elderly. In this section, the author has made specific legislative proposals and elaborated in detail that how to keep leisure in the confirmation stage and achievement stage of criminal responsibility.