A Study On The Age Of Criminal Responsibility Of Minors

The number of minor crime increases, especially the number of young minors under the age of 14 with serious bad behavior increases year by year, which has aroused the social from all walks of life including legal science wide concern and discussion about whether to reduce the criminal responsibility age of the minors or not. It also reflects that there are flaws in the minor minimum criminal responsibility age system of our country. This paper combed the views and the reasons of social from all walks that whether it should reduce juvenile criminal responsibility age. And use the comparative method, combining knowledge such as sociology and psychology to be elucidated. This paper argues that to maintain minimum criminal responsibility age has its necessity. It complies with the international trend of light punishment, not punishment. Besides it accords with the principle of "education first, punishment subsidiary" in our country. What’s more, it reflects the modes and restraining value of criminal law. And it is a necessary requirement to maintain the stability of the law. The tendency of juvenile delinquency of younger exposed the flaws in legislation on minor criminal responsibility age system of our country and the deficiency of punishment measures to minors without capacity of criminal responsibility. Drawing lessons from foreign countries with advanced juvenile justice system, establish a law which is not only substantive law and procedural law, but also criminal law and administrative law to regulate minors, and improve the system design of the non-penalization measures. That will be an effective way to solve this difficult problem.