Research On Leniency Of Criminal Responsibility Of The Special Groups

When Criminal Jurisprudence Studies Union of China Law Society agenda "lenient criminal punishment for special groups" in2011, the topic of "Special Groups" have become the object of Criminal Law. Minor, the old, the mental patient, pregnant women, blind, deaf and dumb people should be pay more attention by people. Criminal Law biased in favor of Special Groups not contrary to the principle of legality, but will be conducive to the development of society, to build a truly harmonious society.The Criminal Law is an important part of the rule of law, the value of the Criminal Law is not only to combat crime and protect the people, but also in how to protect human rights. Because the Criminal Law is the Magna Carat of the kind of people, also is the Magna Carat of the offenders. However, what is the Special Groups’ range in the Criminal Law; how special groups criminal responsibility Mitigation implementation; what extent do they should gently to, all of this should essential for in-depth analysis.The Article composed of four parts:The first part is an overview of the criminal responsibility of the Special Groups. This section defined the significance of criminal law on the use of special groups criminal liability concept. It reveals the essential characteristics of the special groups for lack of to identify and control or whether they have the concept of universal humanitarian. And to clarify the criminal law sense of the special groups range, Clear special groups criminal responsibility Mitigation meaning.The second part is the history and current situation of Chinese and foreign criminal law of provisions on the criminal responsibility of the special groups. This section first describes the History and Present Situation of China on the criminal responsibility of a special group, and then abroad on special groups criminal legislation related systems on the perspective of comparative law.The third part is about the basis of leniency of criminal responsibility of the Special Groups. Analysis of the two angles of the criminal law theory and the actual situation in of China, this section come to the conclusion of the special groups criminal responsibility should Mitigation. The fourth part is about the implementation of leniency of criminal responsibility of the Special Groups. This section first reviews the legislative defects of China on Special Group criminal responsibility, then make specific recommendations for the investigation stage and the execution of punishment stage, and finally put forward specific ideas to build special groups criminal reconciliation system.