Study On Age For Criminal Responsibility

The age for criminal responsibility is a very important law theory, because it determine whether the person commit a crime and what criminal responsibility to bear, so research the age of criminal responsibility has a profound significance. Although there are much research about the theory, many defects of age of criminal responsibility exist in the Criminal Code.? In this regard, the author made several suggestions in order to perfect the law theory. Now, divide the article into three parts.Part 1 is the general of the age for criminal responsibility. First introduce the concept of age of criminal responsibility. Second, describe other countries and regions, the provisions on age of criminal responsibility. Third, China's criminal law provisions on the age of criminal responsibility. From the perspective of quartering the age of criminal responsibility to be divided, that is, stage of assuming no criminal responsibility, stage of assuming the relative criminal responsibility, stage of assuming full criminal responsibility and the stage of reducing criminal responsibility.Part 2 is the legislative defects of the age of criminal responsibility in Criminal Law theory. First, introduce the legislative defects of the lower limit of the age criminal responsibility. With the development of society, the problem of juvenile delinquency have become increasingly prominent younger age, had set the minimum liability age of fourteen years old no longer meet the present situation. Second, the legislative defects of the provision of Criminal Law of our country on the relative age of criminal responsibility. Penal Code Article 17, paragraph 2, despite the Law Committee, Supreme People's Procuratorate and the Supreme Court's gave interpretations, has a lot of controversy. The third introduce the legislative defects of the upper limit of the age criminal responsibility. With the development of aging society, China's criminal law system, the lack of the maximum age of criminal responsibility is even more unexpected.Part 3 is talking to improve the legislative proposals of the age of criminal responsibility. First, lower the minimum age of criminal responsibility. One is the basis for lowering the age of criminal responsibility and the other one is legislative design. Second, improve the relative age of criminal responsibility. The relative age of criminal responsibility was redraw and the relative age of criminal responsibility were clearly defined the scope of criminal responsibility. Third, regulate the upper limit age of criminal responsibility. One is the base to regulate upper limit on age of criminal responsibility, the other one is specific recommendations to set an upper age limit of criminal responsibility.