The Old Crime Punishment Theory

With the rapid development in our economic society, our country entered the agingsociety. The aging of the population will inevitably to our country’s economic society to bringa series of effects, and to economic development and social life presents several challenges.The elderly crime will become the problem is an important problem in. In the field of criminallaw, in2011promulgated the" PRC Criminal Law Amendment (eight)" on the timely responseto this problem, and give a clear answer--for the elderly crime should be lenient punishment.This paper is on the basis of this, through in-depth analysis and research, the elderly crimepunishment carried out a series of arguments, and the" criminal law amendment (eight) in theelderly." a crime are discussed, at the same time on the elderly crime in the practice ofoperation put forward their own views.The full text is divided into three parts.The first part, The elderly on the crime.This part points out the older adult crime concept,and from the criminology angle discussed the old crime characteristic and reason. Throughthe" criminal law amendment (eight)" on the elderly crime, clearly points out that for theelderly should be lenient punishment of crimeThe second part, the elderly lenient punishment basis. Lenient punishment basis from thetheoretical basis, policy basis, practical basis are discussed in three aspects. The theoreticalbasis of criminal responsibility from older people, the purpose of criminal law, the restrainingcriminal law, criminal law and criminal law of humanitarian economy five respects wereelaborated; the policy basis to carry out the policy of combining punishment with leniencysituation and carry out strict control and uses the death penalty policy two aspects; practicalbasis from the Chinese ancient and modern rules and foreign legislative provisions on twoaspects.The third part, That part of the " criminal law amendment (eight)" of the elderly crimebased on the analysis, through a series of demonstration, to continue the judicial applicationof the elderly crime to explore. Pointed out lenient punishment of crime of older peopleshould not be the case, and application of the elderly crime punished more leniently andmitigating circumstances.