Study On The Problem Of Relative Bearing Criminal Responsibility Age

In the criminal law, the age is a way to measure whether a person should bearcriminal responsibility for his behavior, also it affects that whether the behaviorperson crime or not, and how to make crime and what the size of the criminalresponsibility. Relative bear criminal responsibility a series of system according to theage of the person is to determine the range of criminal responsibility. However,China’s this system in theory and legislation technology has many deficiencies, thispaper aims to through detailed explanation of China’s present criminal law paragraph2of article17to eliminate the misunderstanding of the provisions, in order to solvepractical problems and provide a feasible ideas, so that we can not only adhere to theprinciple of legality, but also clear obstacles for judicial practice.The first part is a basic overview of relative bear criminal responsibility age.First, elaborating the relative bear criminal responsibility age concept, secondlypointing out the relative bear criminal responsibility system’s rationality andlegitimacy from positive and negative aspects. the last part of this part introduces thebasis of the standards of establishing relative bear criminal respond bear criminalresponsibility in the foreign countries or regions,that is the subjective intentionalprinciple, deliberately and felony principles and felony and recognition abilityprinciple.The second part analyzes the legislation condition of relative bear criminalresponsibility. First of all introducing and analyzing the basic contents and theiradvantages and disadvantages of indirect legislation mode and direct the legislativemode， then illustrating the second paragraph of article17of the legislativebackground and purpose in our country and analyzing three kinds of theory on it.Finally expressing the uncommitted judicial explanation from judicial office,analyzing their position and attitude on it and troubles they bring to law applicable.The third part to understand and analysis the criminal law provisions ofparagraph2of article17of the eight kinds of situations, the "murderer" focus on theanalysis of the who has reached the age of14but not the age of16one full year of life in legal fiction of intentional homicide case, help or instigate others suicide andjoint crime in the killing conviction problem; For "intentionally injuring seriousinjury or death, is a branch of the intentional act directly cause the victim seriousinjury and damage for actor behavior lead to the victim serious injury or death or thevictim for actor’s damage behavior and suicide this two kinds of situations understandand apply; For "rape" analysis to commit adultery infant daughter and trafficking inwomen and children of the implementation of the rape behavior in how to deal withproblems;"Robbery" is a transformative robbery and robbery gun ammunitionexplosives in the understanding analysis;"Selling drugs" is analyzed and drugtrafficking parallel smuggling, transport or manufacture drugs behavior should behow understanding and applicable problems; For whoever commits arson, explosion,poisoning in the understanding of poisoning and put on the dangerous material originas well as with the risk of water equal to act how to treat problems were analyzed.The fourth part is to summarize the existing six problems of law provisions ofparagraph2of article17of our country’s criminal law according to the above analysis,then I put forward to establish clear principles to decide whether a relative bearcriminal responsibility age person should bear criminal responsibility,also we shouldclear understanding of the "sin", and "poisoning" instead "put on the hazardoussubstances", put the action of kidnapping to this provision, increase "never water"behavior into sin and so on.