The Perfection Of The System Of The Criminal Penalty In The Elderly

As the saying goes “Expend the respect of the aged in one’s family to that of other families; expend the love of the young ones in one’s family to that of other families”, providing for the elderly, child will be raised is the fine idea that Chinese nation is pursuing for thousand of years. China has come into an aging society since the 21 st century. The expansion of the aging people brings various social problems, of which crime of the aged is the most obvious one. Compared with The average adult crime, crime of the aged has its own characteristics due to the special characters of the aged both psychically and psychologically. It is quite controversial whether the crime of the aged should be excused or not and that of the ways of excuses. The Amendment to the Criminal Law of the People’s Republic of China(VIII), promulgated on 25 th February, 2011, set up the forgiveness system for some aging criminal from the aspect of criminal legislation for the first time, which fills up the vacancy of special legislation for the aging criminal in the domestic criminal law. This article tries to combine the study of the theory of elderly crime leniency system and criminal legislation to underline the necessity and rationality of the leniency for crime of the aged. Meanwhile, the paper tries to analyze the elderly crime of forgiveness system regulated during the current criminal law, adding some benefit for the improvement and perfection of the elderly crime of forgiveness system.The whole dissertation consists of 4 parts, including 19,000 words. Pa rt 1 studies the changes of the ability of the elderly responsibility based o n the relevant theoretical research, then illustrates the reasonable legal principletheoryoflawanalysisfromthepurposeofpenaltyinmoderncriminallaw,themodestyandhumanityofthecriminallaw,andtheinheritanceofthelawculturetodrawtheconclusionthatthefulllegalbasisandfoundationfortheelderlycrimepenaltybeingexcused.part2probesintothatthespecialcriminallegislationoftheoldpeople’scrimeiscarriedoutinthetraditionallegislationandtheforeignlegislation,criminaljudicatureandsystemofexecutionstatusoftheelderlycrimepunishmentofcriminalbothfromabroadandhome,fromancienttimetillnow.theabovelegislationmakesitclearthatthroughtheagelimitforthedeathoftheelderly,thetype,contentsandmanneroftheapplicationofthepenaltyfortheelderlyaredefined;dividedintodifferentagephasesofprescribedlenientstandardandthepenaltyfortheelderlyinexecutionwaygivewaycarepenaltyforgivenessfortheelderly,whichprovidesthereferencefortheperfectionofthepunishmentoftheelderlycrimeforgivenesssystem.part3commentsandanalysestheexistenceofchina’scurrentcriminallawintheelderlycrimeabsolvesystemagesetlow,restrictionsonthedeathpenaltyprovisions,lackofspecialsystemofexecutionofpunishmentandotherissues.part4 combiningwiththeaboveanalysisandthinking,triestoputforwardintheageoftheelderlyforgivenesssystemsettings,toabolishthedeathpenaltyrestrictionsandsetsupandimprovethechina’selderlycrimepenaltyabsolvesystemfortheelderlyofpenaltyexecutionsystem.