China's Old System Of Special Protection For Criminal Offenders

In china, with the development of social economy, the continual improvement of people's living standards, the significant improvement of medical conditions, the extent of people's life, the gradual decline of population mortality rate, population aging become more and more serious. Aging of population have serious impact on China's political, economic, cultural and social development. The elder's crime is a social phenomenon which can not be neglected. In general, the proportion of elder's crime is not high according to the whole society crime, but, the absolute number of older offenders is still big because of the large population, fast aging in china. In Criminal law study, the elder's crime, especially, the protection of elder offenders was extensively and in-depth discussed and many valuable theories were formed. Most of these studies, the old offenders should be protected as special group, and given special consider in the criminal legislation. Unfortunately, up to the present date, the criminal law in china, the protection of elder offenders is only a brief requirements in "AmendmentⅧto the Criminal Law of the people's Republic of china". That is very unfavorable for the criminal protection of elder offenders. As a result, it is very urgent to study this problem. In this paper, the author pointed out the short coming of rights protection for elder offenders in current system of criminal law basing on the current legal system. After analysis from the theory perspective on traditional values and custom of respecting the aged, the author believed that the rights of elder offenders should be protected by property and especially protected in criminal region. And then, the author proposed the legislation about special protection systems for the elder offenders.