| Elderly crime is a special group of crime, should belong to a continuous weakening of the criminal groups. Because people have a gradual development from the gradual aging process, the criminal liability of natural ability is the case, the elderly because of their own characteristics, and its ability to criminal liability will be reduced. Ancient Chinese law virtually all criminal liability relief for the elderly, many of the world's countries have a lighter for the elderly crime or reduce criminal provisions. Identification of the elderly and the ability to control their own behaviour, after all, the spirit of normal adults than weaker, when the perpetrator's ability to identify and control is low, their subjective reflection of the vicious on small and therefore harmful to society is relatively small and should be considered Punishment leniency. By legislative means the elderly offence to a lighter punishment, will implement this provision in the course of criminal proceedings, but this is a Child care for the elderly respect in China since ancient times ethical, social order can be stable, but also embodies the elderly Crime particularity of the criminal responsibility of the request. The purpose of this research it is difficult.This paper tightly around the elderly started on crime and criminal liability in the interpretation of the ancient and modern criminal law theory of criminal liability in accordance with the doctrine, the author put forward their point of view, and in-depth and comprehensive proved the rationality of this idea . The full text is divided into four parts, a total of 30,000 charactersThe first part of the current reality on the criminal background of the elderly .Along with the rapid development of social, scientific and technological advances of modern medicine constant progress, the people's living standards are improving, and the extension of life expectancy, the emergence of centenarians is no longer a rare thing, because at the same time increasing the birth rate low, it means that the decline in fertility newborn population decline, and also means that the proportion of the elderly rising. The sooner the declining fertility rate, the more rapidly, the proportion of the elderly population will rise faster and more sharply, and the decline in mortality and life expectancy extended to the elderly, to the ageing of the population is far more aggravated. Although this is an inevitable trend, there is understanding of this point after a long process, in recent years, the ageing of the population has increasingly become a focus of attention of the people.According to international standards, the ageing of society is that people over 60 years old accounted for 10 per cent of the total population over the age of 65 or above population of the total population of more than 7 percent, and many Western countries have already entered the aging society, for example, Germany elderly Basically, the number of people living more than 20 per cent of the total population, and even reached 27 percent. Japan is not only Asia ageing of the population most affected countries, but also in developed countries the ageing of the population the fastest countries.China's fifth census figures show that China's population aged 60 or older has reached 130 million, accounting for 10.41 percent of the total population, of which more than 65-year-old population reached 88.11 million, accounting for 6.96 percent of the total population. In accordance with the standards of the population age structure, China has entered the ranks of aging countries, a period in the future of China's aging population will continue to grow at a rate faster, it is estimated that in 2015, the population over the age of 60 will be more than 200 million, the total 14% of the population. With the proportion of the elderly population growing, social environment for the elderly families of their own physical, mental and the impact of various factors. Elderly crime in the community and the proportion of criminal possession of a number of growth trendThe second part, the elderly of the concept of crime, characteristics, types, causes and response measures On the definition of the elderly is a crime in the use of a concept, the purpose is based on the needs of the elderly on crime. SANDEBA from Sweden the earliest to define the structure of the elderly. Judgement of the elderly standards also vary, according to the human physiological function and the psychological state of roles, from the age of physiological, psychological age, social age to measure. 1982, in the United Nations "World Assembly on Ageing," and the older age limits defined as 60 years of age. October 1, 1996 implementation of the "People's Republic of China Law on the Protection of the interests of older persons," set forth in Article 2: "This law refers to the alleged elderly citizens above 60 years of age." To the starting point of China's elderly age is set at 60 years of age to 60 years of age as a standard to facilitate the correct assessment of the socio-economic changes in the elderly population of more suitable for China's current conditions.Therefore, the elderly crime can be summed up, that people over the age of 60 by the crime. Elderly crime as a special group has its own special characteristics and causes of crime, we should pay sufficient attention. Below the elderly generally perpetrators of crimes to several reasons: (1) psychological characteristics caused by the bad habit of not changed by the (2); (3) is due to mental illness; (4) status is the result of changes; (5) economic reasons; famous Sweden scholars in his book "Criminology", a book on crime prevention in the elderly some of the points were introduced. On the criminal system, he considered that with the crime, compared to 60 per cent of the older offenders decision can be said to be severe, older persons sentenced to imprisonment, will deepen and accelerate their already 100 boredom, were drained in the social life of process. At the same time, many elderly people have their own unique crime. So the elderly crime prevention and control should pay attention to some problems, we need to talk about some reality down preventive measures, can we prevent the pursuit of effectiveness while neglecting real possibility.The third part, the existing elderly criminal responsibility for crimes Reflection As the elderly criminal responsibility for crimes by the special nature of their own, many of the world's countries are a special requirements. Some of the foreign criminal legislation and China's legislative models are differences, some countries only made general provisions, while others are made of specific provisions. To the United States, the United Kingdom was the use of English in local centres for the elderly Crime also made some useful exploration. The mid-20th Century, the Japanese began in-depth study of older persons crime problem. Some countries have criminal responsibility for crimes on the elderly has made specific provisions, the implementation of the 1997 Penal Code provisions of the Russian Federation, the court judgement full of men 65 years of age shall not be sentenced to life deprived of their liberty, nor sentenced to death. France provisions of the new Penal Code, was sentenced to 65 years of age, living naturally stop prohibited. It was clear that many countries have found that the special nature of the crime the elderly, and have also made some very meaningful draw with the research results. This China's Criminal Law of the elderly crime is a very good reference for the role.In China, with the advent of an aging society, the elderly crime, as an objective existence of a growing number of scholars beginning to pay attention to the elderly crime problems, and scholars from China's actual conditions and the elderly of the special nature of crime found China's criminal law on criminal responsibility for crimes provisions of the elderly a few problems and a note, so far, the existing criminal responsibility for crimes on the elderly has been made many achievements of China's elderly crime and the criminal system Construction perfect provide constructive comments. But in various statements, or lack of this issue on the system, this issue will not go to the entire criminal process, the lack of which can be used to guide practice judicial recommendations. A correct understanding of the elderly crime, the elderly and accurately criminal penalty is applied in this paper the main issues of concern. Part IV, in view of the above problems were put forward their views on the amendmentBased on the elderly at home and abroad over criminal responsibility for crimes on the status of inspection, we can see that the elderly crime and the elderly criminal responsibility for crimes particularity has not conduct an in-depth study, especially not with the traditional Chinese ethics system to be analysed. This article from China's traditional system of ethical perspective of thecharacteristics of elderly crime of criminal responsibility to the elderly and the reason crime to the criminal responsibility of the reasons for the special provisions, but also an objective analysis of the ability of the criminal responsibility of the elderly , and made the elderly and the ability of the criminal capacity of the concept of torture. elderly crime should be made to exclude the death penalty advocate, trying to elderly crime of criminal responsibility to implement the special nature of our criminal justice legislation and the entire process of.The elderly crime in the criminal system the complexity of the issues, the content of this paper select few highlights, as the elderly criminal responsibility for crimes system, and other issues in the future I will be time for further study. |
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