The Legislation And Its Improvements On The Lenient Punishment Of The Elderly Crime

China will step into the aging society in the21century, and the6populationcensus data shows that among the population of mainland31provinces, autonomousregions, municipalities and serviceman,0-14years old is222459737, accounting for16.60%;15-59is939616410, accounting for70.14%;60and over is177648705,accounting for13.26%, among the60and over the age of65and over is118831709,accounting for8.87%. As the proportion of aging population accounting for total isrising, the problem of elderly crime has to be put on the agenda. Since ancient times,the Chinese traditional values are always merciful to the young and old. Therefore,our criminal law has made specific provision on the juvenile crimes since1997asfollows:1. The juvenile criminal over14and under16shall bear legal responsibilitiesonly if he does intentional homicide, intentionally hurts someone causing serious anddeath, rapes, robs, drug trafficking, commits arson, explosion, poisoning;2.Thejuvenile criminal over14and under18shall be given a lighter and mitigated penalty.3. The juvenile criminals can not be sentenced to death. Compared to the legislationof juvenile criminals, we do not have a specific legislation of lenient punishment ofelderly crime. In order to make up the defects of this, the Eighth Amendment ofCriminal Law has made a clear definition on this issue as follows:1. the elderintentionally committing crime over75may be given a lighter and mitigatedpunishment; if involuntary, shall be given a lighter and mitigated punishment.2. Theelderly criminals over75are not adapted to dearth penalty. Although the secondprovision exists some disputes, yet it shows tolerance towards the problem of elderlycrime punishment, which makes the protection of human rights of the vulnerablegroups more perfect and the Chinese traditional values inherit and develop.This article is divided into three parts, the first part is about the total outline ofthe lenient punishment to the crimes by the senior citizens. This part includes two questions. The first question is about the basic theory of the crimes by the seniorcitizens, including the characteristics and the reason of the crimes by the seniorcitizens. through the analysis to the characteristics and the reason of the crimes by thesenior citizens, we can obtain a conclusion that the characteristics and the reason ofthe crimes by the senior citizens are different from those of the young adults. Thesecond question is about the basic theory of the lenient punishment to the crimes bythe senior citizens. Through the analysis to the legislative reason, the legislativeconnotation and the legislative significance of the lenient punishment to the crimes bythe senior citizens, the author further confirms the legislative necessity of the lenientpunishment to the crimes by the senior citizens. The second part of this articleevaluates the lighter or mitigated punishment to the crimes by the senior citizenswhich is an aspect of the lenient punishment to the crimes by the senior citizens.Therefore the second part is the further explanation of the first part. This partanalyzes the legislative necessity, the current legislative situation in the EighthAmendment of Criminal Law, the legislative limitation and the three aspects’perfection of the lighter or mitigated punishment to the crimes by the senior citizens.The third part is about the evaluation of the exempt death penalty provisions for thecrimes by the old. This kind of provision is an another aspect of the lenientpunishment to the crimes by the old, which is a concrete explanation to the first part.Similarly, this part also analyzes the legislative necessity, the current legislativesituation in the Eighth Amendment of Criminal Law, the legislative limitation, and thethree aspects’ perfection of the exempt death penalty provisions for the crimes by theold. The author regards that the legislation of the lenient punishment to the crimes bythe senior citizens in the Eighth Amendment of Criminal Law is worth to be affirmed,which is a reflection of the criminal policy of alternating leniency with severity.Meanwhile, it is in line with the fine tradition of respecting the old and caring for theyoung. But it also has some deficiencies that needs the further consummation.