The Research On The Death Penalty Limitation Of75-years-old Above Crime

The aging population is an unavoidable problem of China and other countries in the21st century. As the form of aging social structure, the problem of the elderly crime has been concerned by all the society. The elderly crime should belong to the crime of special group. The people who gradually aging, their criminal responsibility is also diminish. Our legal in the history and many countries in the world have the provision that is a lighter or mitigated criminal liability for the elderly crime. Therefore, for the elderly, whether the crime was committed should the introduction of a special system of penalties have been a controversial issue of jurisprudence. The19th meeting of the11th National People’s Congress Standing Committee adopted the amendment of the Criminal Law of the People’s Republic of China (8) in the February25th,2011. It clearly prescribe that75years or older to prohibit the application of the death penalty.In the view of elderly particularity of this vulnerable group of crime and the legislative background, the relevant policies of the ancient and modern, international situation, our traditional cultural, and the actual social situation, the dissertation analysis the rationality and feasibility of the amendment of the Criminal Law of the People’s Republic of China (8) that Limit the crime the death penalty of75years of age or older through the analysis method of historical and dialectical.Secondly, for the provision of limit of the death penalty for a crime75years of age or older, and the controversial issues that in the judicial procedures and implementation process, the dissertation has analyzed and provides the viewpoint. In addition, in the view of the humanitarian spirit of the law and China’s traditional culture, the dissertation has extended the issues of death penalty restrictions of the elderly crime. For how to improve other kinds of punishment, to better match "the amendment of the Criminal Law of the People’s Republic of China (8)" for the elderly who are vulnerable groups, the dissertation has provided the new viewpoint that try to avoid the elderly to bear more than the capacity of the penalty and died in prison, and to protect the latest legislation on the concept of the protection of vulnerable groups be realization in reality. Lastly, the dissertation provides policy suggestions for the problems that would be appear in the actual judicial process.