Arguments On Lenient Penalty Applied With Aged Criminals

With the rapid economic development in china, the society has enteredinto an aged community. It will bring all social problems and pressure,and our country shall give special attention to the special group. In thefield of law, the issue of specific punishment system on the aged criminalshas attracted wide attention and aroused different views.“The EighthAmendment of Criminal Law” which firstly makes the rules of the aged inthe form of criminal law, has been passed in the nineteenth meeting ofEleventh National People’s Congress standing committee. The article hasargued the reasons of lenient disposal of aged criminal and introducedsome suggestions on applying lenient disposal.The article is composed by three parts of the introduction, text andconclusion. The text has three chapters：The first chapter analyses the theoretical and practical reasons thatthe aged criminals should be treated with lenient disposal. The paperanalyses the basis from the following aspects: the capability of agedcriminals’ responsibility, the principle of criminal law, the normal andspecial purpose of prevention and value of criminal law, Chinesetraditional legal morality of sympathizing and caring the people andspecial stipulation for aged People in laws of other countries. In the second chapter, the writer explores the applications ofCriminal law from the aspects of the standard of judging “the age of75”,“especially cruel method” and “causing Death”.The third chapter gives some suggestions on legislation of lenientdisposal of aged criminals.In this part, it asserts that the aged peopleshould be treated differently and gave different punishments of crimeaccording to the different ages and relax the applicable condition ofprobation.