The Research Of Leniency Of Criminal Penalties For The Elderly

Since twentieth Century, some western developed capitalist countries have entered theaging society, the ageing of the population of the world today is an important characteristics.China as the world’s largest population country, already in1999entered the aging society, indeveloping countries there is relatively earlier entered the ageing society, according to2010the latest census data shows, our country population aged60years and above the proportion is13.26%, relative to the2000census of10.33%, an increase of2.93percentage points, inwhich the population aged65years and above the ratio of8.87%, relative to the2000censusof6.96%, an increase of1.91percentage points. The population structure is changing rapidly,which brings a series of social problems, such as basic medical care, basic nursing and so on,to the state and society brought hitherto unknown challenge and pressure.In the aging society background, with the increase of elderly population, the elderlycrime number increased year by year, so the study of elderly crime problem, discusses thecharacteristics of the elderly crime penalty system is already an imminent problem. In modernChinese criminal law field, since professor zhaobingzhi in" jurist" magazine published thefirst article of the elderly crime criminal responsibility research, academia spread outthorough research and the discussion. The NPC Standing Committee in February25,2011enacted the" PRC Criminal Law Amendment (eight)"(here and after referred the criminallaw amendment eight) is from the legal perspective on the elderly crime penalty made by therelevant regulations, can be said to be in front of research results in a high degree of certainty,the study of elderly patients the crime punishment went to positive effect since the problem.The author in front of the existing on the basis of the study, summed up the experience ofprevious to the elderly crime research, focusing on the elderly crime penalty problem and itsrealization waysThis paper is divided into four parts:The first part is the summary of the old crime. In the first part, the author from the oldermeaning, elderly crime meaning, elderly crime characteristic three aspects to the elderly crimesome general introduction, through the analysis of criminology the older concept of crime andcriminal law in the elderly crime concept is different, the author more inclined to think thatcriminal law study on the elderly crime concept is desirable, this paper explores the elderlycrime refers to the criminal law on the crime of the elderly. The second part is for the elderly crime investigation. In the second part, the author ofthe ancient Chinese " pities punishment " principle to the elderly crime, modern ChineseCriminal Law on the crime of the elderly, as well as foreign to the elderly crime laws wereinvestigated, through the inspection found at all times and in all countries most of thecountries criminal laws have on older people crime special provisions, general provisions onelderly crime for proper punishment.The third part is the old crime punishment rationality analysis. The third part is theemphases of the paper, the author will from criminal responsibility, the purpose of penalty,penalty humanitarian, economy of punishment and criminal policy of combining punishmentwith leniency in five aspects on the elderly crime punishment rationality. The crimepunishment adapts is the basic principle of criminal law, the elderly physiological andpsychological characteristics of elderly depended criminal responsibility capacity is increasedwith age and gradually weakened, the elderly criminal responsibility ability differs fromcommon in young adults, which determines that older people need to undertakecorresponding lenient punishment of crime. The purpose of punishment is to prevent crime,thereby realizing the purpose of penalty is an important way is to make the penalty can begeneral public recognition, face the old crime, most people will give some compassion andtolerance, the elderly crime punishment does not violate the moral emotion, and it can get thepublic recognition and support, so as to better realize the penalty crime prevention. Penaltyhumanitarian requirements of criminal law must be tolerant of criminal law, criminal lawshould respect human nature, treat people as people think rather than other means to an end,the elderly crime punishment is also in line with the requirements of the penalhumanitarianism. The penalty is applied and execution requires a lot of social cost, from thepenalty of economic point of view, the more severe the punishment cost is bigger also, inorder to save the limited penalty cost, on the elderly crime applies to severe punishment willwaste some social resources, is not conducive to concentrate main energy and cost strike moreserious crime penalty, so the economy determines the need for older crime punishment. Basiccriminal policy of combining punishment with leniency is, to achieve leniency wide side, forthe social harmfulness of crime should be given their little more lenient punishment, olderpeople as a kind of special subject of crime, the punishment, is correctly carry out the criminalKuan yan of economic the specific requirements of the embodiment of the policy.The fourth part is the old crime punishment principle of ways and means. In the fourth part the author from the penalty, penalty and penalty execution is discussed from three aspects.The penalty arrangement, the author believes that at this stage, our country criminal law to theelderly crime punishment range is narrow, in addition to distinguish between intentionalcrime and criminal negligence and lack of reasonable, so I think that should be relaxed toelderly crime punishment amplitude, and according to age at different stages and different setof lenient punishment range. In punishment, can be as a discretionary circumstances ofsentencing, relax appropriately on the elderly criminal probation conditions and payattention to the concept of restorative justice application. The penalty in the implementationprocess, the elderly offenders in the commutation,parole and penalty execution sites and theway also to give appropriate leniently.