Research On The Criminal Responsibility Of Elderly Crime

The fifth national census figures show that, in the elderlypopulation over the age of60to130million, or10.41%of thetotal population, according to the International Conference onPopulation age structure of the standard, China has entered theaging society.With the continuous strengthening of the trendof population aging, the elderly crime problem has become moreprominent, causing widespread concern. Older people with minoreveryone is the subject of a crime by different age, alsoshowing different characteristics of crime and the causes ofcrime due to age, we need to give special treatment to China’scriminal law offenses against minors has made a more detailedprovisions elderly crime has no corresponding provisions basedon this, China’s newly enacted "criminal Law Amendment" whichelderly crime has made special provisions can be described asa history of tremendous progress in China’s criminal law, thisarticle is the combined correction case of special provisions concerning the elderly crime-depth study of the issue ofcriminal responsibility for the elderly.China’s economic development level and national healthstandards, the60-year-old as the starting point of an age withage is more in line with China’s national conditions, but alsowith the start of our elderly Protection Act in the elderly theAge fit, to ensure coordination within the legal system, thestudy of the elderly in this article the concept of crime: theage of the sum of the criminal acts committed by people overthe age of60. Secondly, the meanings of the crime of criminalliability in the elderly, the elderly due to age andintellectual factors, identify the capacity and the ability tocontrol their own behavior in the gradual decline than adultsin terms of the elderly criminal responsibility is unsound,and therefore can not ask for elderly crime adults assumehomogeneity of criminal responsibility, the commitment ofcriminal responsibility to be wider slow. Finally, the crimeand the criminal responsibility of the significance of this study elderly, is in line with the practice of justice, toachieve the purpose of punishment and human care, the need tobuild a harmonious society.The second part describes the history of our country andabroad, the provisions of the crime of criminal liability inthe elderly. From slave society during the Western Zhou Dynasty,the Warring States to the feudal society during the Han Dynasty,the Tang Dynasty, there are elderly crime the criminalresponsibility lenient punishment provisions, which shows thelong history of sexual boast old shirt punishment "thinking,and the elderly the criminal liability of people formed a roughto improve gradually scientific and rational system, such as"Tang" is a master. In modern times, the "big the fresh criminallaw", the regulations promulgated by the Criminal Code of theRepublic of China and the Anti-Japanese War have on the criminalliability of the elderly leniency provisions, the laws of manyforeign countries have special provisions elderly crime takea tolerant attitude and commitment of criminal responsibility, tolerance magnitude different.The third part is the the elderly crime criminalresponsibility leniency according. Be elaborated mainly fromthree aspects: First, the traditional cultural basis, that thespirit of China’s traditional virtues of respecting elderly andboast old shirt criminal, two elderly unique physiological andpsychological basis, such as physical bodily functions decline,the recession of the sense organs, psychological self-centered,paranoia, anger, physiological and psychologicalcharacteristics of elderly crime is different from adults, thecommitment of criminal responsibility should be different fromadults theoretical basis of the elderly crime lenientpunishment in line with the the Modesty theory of criminal law,the penalty for individual theory, the theory of the purposeof punishment, criminal law, humanitarian theory.The fourth part of China’s Criminal Law Amendment eight onthe interpretation of the provisions of criminalresponsibility in the elderly. The amendment three-pronged approach for the elderly crime made special provisions thatlenient punishment provisions conditional does not apply thedeath penalty, the relaxation of the provisions of theProbation applicable. Interpretation of this section by morethan three terms, the analysis of the relevant provisions ofthe reasonable cause, also pointed out that some of theprovisions of the failings and improve measures for the nextpart was foreshadowing.The fifth part is the further improvement of the crime ofcriminal liability in the elderly. This section is mainly putforward a four-point proposal: First, reduce the lenientpunishment age starting point. Our population from the currentaverage life expectancy of72years old to see, the criminallaw will be lenient punishment of age is defined as75yearsof age appears to be too high, because a considerable numberof people unable to reach this age height, such provisionselderly crime will be given a lighter, reducing the possibilityof a significant reduction in crime elderly forgiveness does not meet the legislative purpose. Second, on the applicationof the species in the sentence, we can consider increasing theapplicable control punishment, and to limit the application oflife imprisonment. Elderly due to the influence of physicalfitness, the penalty is limited closed in places of detention,management and labor reform in order for them to achieve thepurpose of the transformation, in fact, not the contrary, ifapplicable Control Punishment integration of older persons totransform the family and social environment, its effect thandetained in prison, comply with the applicable regulatorypunishment case control punishment should apply. And lifeimprisonment for the elderly not be very meaningful, after all,their life is running out for the elderly, and the possibilityof constantly recession due to the functioning of the body, theyre-introduction of a crime is relatively small,if apply themto life imprisonment, is likely to lead them die of old age inprison, from the humanitarian point of view of the penalty,which is not desirable; relax the commutation applicable, we can separate provisions the elderly crime people commutationminimum sentence, in the start time of the commutation intervaland commutation rate than adults to be different degrees ofrelaxation. Fourth, it is recommended the establishment of aspecial elderly to places of detention in solitary confinement,the elderly perpetrators, easy centralized management andtransformation.A country to take what the attitude of the elderly crimereflects the degree of civilization of this country and the law,the elderly who commits a crime should be treated like legalminors, like take a tolerant attitude than the adult CriminalResponsibilitywider ease some of the more human, the only wayit be conducive to the development of the cause of the elderly,and is conducive to the construction of a harmonious societyin China.