Study On The Lenient Mechanism Of The Elderly Crime

China has stepped into the aging society, and the aging population has given rise to a series of social problems and new challenges to the stable development of economy and people’s normal life. And scholars in the legal profession have discussed and researched to meet these challenges. The issue whether the elderly crime should be protected equally as the juvenile delinquency attracts the attention of the scholars at home and abroad. The writer thinks that the elderly crime should be lenient punishment due to the consideration on the criminal responsibility, aim of penalty, penalty function, humanitarian punishment and apologized penalty of the elderly people. The thesis starts from the concept of the elderly crime, and then transmits to the analysis of the rationality of the lenient punishment to the elderly crime basing on the rules of the lenient punishment to the elderly at home and abroad. Finally, the thesis focuses on the defects of our criminal law in the measurement of penalty and execution of punishment to the elderly crime and illustrates the related advices of the writer.There are four parts in this thesis:The first part concerns the basic situation of elderly crime. At first, it illustrates the concept of the elderly in theory. Then it elaborates the concept of the elderly crime. At last, it summarizes the features of the elderly crime so that the readers can know it better.The second part talks about the related rules about the lenient punishment to the elderly crime. Basing on the rules of the lenient punishment to the elderly at home and abroad, it paves the way to the rationality of the lenient punishment to the elderly crime.The third part analyses the rationality of the lenient punishment to the elderly crime. It analyses the rationality to set up the rule of the lenient punishment to the elderly crime in detail from the perspective of criminal responsibility of the elderly, aim of penalty, penalty function, humanitarian punishment, apologized penalty, the aim of the law and the law conventions of our country as well as international conventions.The fourth part puts forward the defects of the lenient punishment to the elderly crime from the perspective of the measurement and execution of penalty and the related suggestions to improve it.