Research On The Criminal Responsibility Of Elderly Crime

Research on the Criminal Responsibility of Elderly CrimeIn our country, aging question intensifies unceasingly. The senior citizen this special social group has received more and more attention. Was opposite in the ordinary adult crime, senior citizen’s body and the psychological characteristic had decided the senior citizen crime had its special place. The human has decided this author’s subjective malignancy as well as this behavior social hazardous nature regarding own behavior’s identification ability and control. Senior citizen’s identification and controls oneself behavior ability to have along with the age growth is weaken. Therefore, the author’s subjective malignancy as well as the behavior social hazardous nature relatively is also small. Our country ancient times all previous dynasties law had to the senior citizen crime reduces the legal responsibility the related stipulation, many countries also have the lenient punishment stipulation regarding the senior citizen crime. Therefore, should consider that gives the lenient punishment to the senior citizen crime. Just appeared the criminal law bill for amendment (eight), from the legal responsibility, was not suitable the death penalty object as well as is suitable suspends sentence three aspects to make the rules and regulations to the senior citizen crime question, has filled our country criminal law about the senior citizen crime legal blank. But, regarding the senior citizen crime legal responsibility question, our legal rule only then just started, is suitable to the legal rule also needs to further regulate, this article research goal also lies in this.The article closely launches the discussion regarding the senior citizen crime legal responsibility question, a full text minute five part launches the discussion:The first part for the senior citizen crime legal responsibility outline, introduced the senior citizen crime social background and the legal responsibility basic concept, begins from the concept to elaborate the senior citizen crime’s characteristic, occurs the reason as well as the common type, cleared off the article to need to discuss the issue the basic concept, moreover, introduced about legal responsibility’s several different academic viewpoints, obtained the legal responsibility concept which finally this article discussed.The second part introduces our country ancient times, the modern times and other countries about the senior citizen crime stipulation and these stipulations to now the criminal legislation enlightenment. Our country ancient times had the quite rich legal culture, from the Western Zhou Dynasty time, the Spring and Autumn Period Warring States time, the Western Han Dynasty until the Tang Dynasty, our country ancient times the law and so on already basically formed the system regarding the senior citizen crime’s age division, and is followed by the Tang later dynasty. To modern times, no matter is the Qing government "Greatly Fresh Criminal law" the Kuomintang Government "Republic of China Criminal law" or is the Sino-Japanese War time base temporary regulation, has about the senior citizen crime special stipulation. Moreover, world other countries have multiform about the senior citizen crime special regulation, the distinction accessory punishment plant, the suspension of sentence, to parole as well as carry out the system aspect to make the rules and regulations. Regardless of being our country ancient times, the modern law stipulation, the world its other country’s stipulation, provided very precious has profited from the experience and the enlightenment for our today’s criminal legislation.The third part introduced the senior citizen crime legal responsibility leisurely feasibility. First introduced the wide strict Jinan’s criminal policy present development condition, then analyzes the wide strict Jinan’s criminal policy the influence which recognized in the senior citizen crime legal responsibility. Then the introduction criminal law modest and restrained innate disposition discusses as well as the senior citizen crime legal responsibility leisurely meets this theory value requirement. Analyzes again from the penalty humanitarianism aspect, modern penalty humanity including three aspect contents:Forbids the brutal criminal law; Respects and safeguards criminal’s basic right; Helps the criminal to return the society. What penalty’s goal refers to is the national formulation, the demand, decides after deliberation the effect which, the execution and the surveillance penalty must achieve, is suitable the leisurely criminal law to the senior citizen, regarding realizes the penalty goal to have the important meaning. Finally introduced senior citizen criminal capacity’s being weaken, the criminal capacity was weaken had decided the senior citizen crime needed to have the difference with the ordinary adult.The fourth part is related the stipulation to the bill for amendment the explanation, from the lenient punishment aspect, introduced the lenient punishment plot as well as the lenient punishment regarding the senior citizen crime practical significance. About is not suitable the death penalty to stipulate, on the one hand conforms to the death penalty which our country little kills kills cautiously to be suitable the basic principle, on the other hand also complies with the world to abolish death penalty this tendency. The relaxation suspension of sentence’s suitable condition, increased to has conformed to the condition senior citizen, must announce the suspension of sentence. Looked from the bill for amendment angle that the explicit law makes the rules and regulations for the first time to the senior citizen crime, and may see, as a whole is the leisurely principle.The fifth part to senior citizen crime legal responsibility system’s legislative consummation. Introduced the criminal reconciliation system, our country does not have the criminal reconciliation system’s special stipulation at present, is the private prosecution case’s reconciliation merely, this system and the criminal reconciliation system has the essence to distinguish. In our country, in the private prosecution case reconciles and the court mediation result is voluntarily the legal responsibility and the civil liability association solution, the goal is to raise the lawsuit efficiency, to speed up the adjudicating a case speed as well as the solution judicature shortage of resources the realistic question, is not the victim and party causing an injury’s reply question. But the criminal reconciliation’s goal realizes the just reply, the lawsuit efficiency is its attached value merely. The establishment lawsuit reconciliation system is the senior citizen crime legal responsibility leisurely important way. Moreover is suitable the condition from commuting a sentence and the parole the relaxation aspect, introduced the author about aspect and so on relaxation condition, limit contents. Finally, suggested that establishes the senior citizen guardianship system. Along with the age growth, senior citizen’s physiology, the psychological various aspects function degenerates, needs to give the special attendance, the introduction old age criminal guardianship system, the further consummates the senior citizen crime legal responsibility system.