The Research On Penalty Problem Of The Elderly Crime

"The Eighth Criminal Law Amendment" provision that ease penalties of the elderly crime punishment, mainly including light sentencing, limit applicable death penalty in principle and probation from the three aspects, thus our country criminal law on criminal humanitarian oriented established the greater the punishments of the crime penalty system for the elderly.In the first part, this article mainly from two aspects of the age standard, behavior standard, discussed the problem of the elderly crime punishment scope of the existence, according to the regulation of criminal law in our country, the elderly crime is refers to judge the people over the age of75when the criminal case, on the crime shall be limited to the provisions of the specific provisions of criminal law in our country the criminal type. The elderly crime legal characteristics embodied in the relationship is simple, the elderly of expected possibility is low, the elderly criminal responsibility ability to weaken and so on. Amendment to criminal law in our country the elderly crime special encounter with different legislative reasons, the realistic national conditions in our country is currently facing the aging of the social problems, the external pressure is more international conventions and foreign legislation system, and the intrinsic rationality is embodied in the old Benjamin of the inheritance of traditional legal culture in China.In the second part, this article argues that, greater for the elderly crime punishment in our criminal law legislation on the criminal policy of basic idea in line with the criminal policy of tempering justice with mercy, tempering justice with mercy is for the social vulnerable groups from one side. From the perspective of legal culture, our country since the zhou dynasty to the Late qing dynasty have many laws for the old crime be exempted from punishment, from the traditional legal culture of the punishment, this is our country criminal activity legislation laid the foundation of legal culture. In view of the main characteristics of the elderly crime, the elderly often exists in the criminal responsibility and punishment ability weakened obviously, provide some relief for the elderly criminal responsibility of explanatory power, which is the root cause of the greater the elderly crime punishment. In addition, ease penalties of the elderly crime punishment in line with the humanitarian of the criminal law legislation tendency around the world.In the third part, this article mainly around the greater for the elderly crime place in three of China’s criminal law stipulated in article, discusses the age of the elderly that setting and how to determine, the elderly crime is analyzed from the basic principles of sentencing, Discusses the proviso of the elderly crime limit applicable death penalty and understanding, On probation applies, this article also explains to its specific conditions.The last part of this paper mainly to the current criminal law has not stipulated the elderly crime of criminal law in humanitarian was analyzed, and the other side, Think ought to be in elderly criminal judicial office in expanding the application of the criminal reconciliation, to comply with the requirements of the criminal procedure law in the criminal settlement conditions under the premise of expanding the proportion of the elderly crime of criminal reconciliation applies. In the whole process of criminal proceedings and the penalty execution phase, shall specifically for the elderly crime configuration personnel, in accordance with characteristic of the elderly offenders. In addition, this paper also discusses the community correction of the elderly crime is, and put forward should be worked out on the commutation and parole system for the elderly crime from the clause shall apply.