Analysis Of The Elderly Cirmes In The Eighth Amendment To Criminal Law From The Perspective Of Respecting The Old

Our country now has an aging population, which results from the family planning policy since1970s,30years’vigorous social and economic development after the reform and opening-up policy, the improvement of people’s living standards, prolongation of national average life span, and declining birth rate, etc. The fifth national census figures show that in our country, the elderly population over the age of60is up to130million, accounting for10.41%of the total population. With the increasing number of the elderly population nationwide, the number of elderly crime that accompanies is also increasing, which has aroused the concern of the whole society about the elderly crimes. Since the promulgation of Criminal Law in1997, there has been no special provision in law for the elderly crimes, which leaves a blank state of the criminal legislation of the elderly crimes. Last year, China’s People’s Congress Standing Committee adopted the eighth Amendment to the Criminal Law, which provides the elderly criminal penalties to be imposed. It is also for the first time that the Criminal Law of new China proposed the excusable treatment to the elderly crimes, which is a big progress of Criminal Legislation of our country. Respecting the old and caring for the young has always been our tradition, and the thesis points out the view in this amendment on the elderly crimes and analyses the rationality and practical significance of this legislation from the perspective of respecting the old.