Research On The Elderly Crimes Probation

The elderly criminal probation system is a new increase and a great bright spot ofchina’s criminal law Amendments (eight). China’s Criminal Law Amendment (eight)Section11provides that "for criminals sentenced to criminal detention, three yearsimprisonment, at the same time meet the following conditions can be probation, of whichless than18years of age, pregnant women and at least75years of age, should probation."Major legislative basis for our elderly criminals, but also complement our probationsystem. It is of our probation system to supplement and perfect,and it is be perfectedceaselessly infuse new vitality for China’s probation system. However,due to the lack ofattention to the elderly of probation theory,there is not much exploration and research intheoretical circles.The elderly criminal probation is one of light spots of the Criminal LawAmendment (8). It is supplement and perfect our for probation system of our countrylaw system and injected new vitality to the Probation System in China. However, becausenot enough concern for the elderly suspended penalty theory, theorists do not have muchexploration and research. Theoretical circles more concerned about the probation system,the problem of elderly crime, lesss for elderly crime, which can even say that is juststarted, of course, not many theoretical results.For this reason, The author studied theelderly physical and psychological characteristics, and criminal responsibility.That is,when by adults into the elderly age, their organs will be aging, the physiological functionof the gradual weakening of the corresponding responsibility for the ability to graduallyreduce and weak compared to most people, identify and control should be weak, so for theelderly, their ability to torture in a relatively low level.Coupled with the ancient width anddelay penalties the traditional factors of Penalty, the criminal policy of combiningpunishment with leniency, specialized probation for elderly crime is one of the most thenecessity and feasibility of implementation of the implementation of a number of penalty。In combination with the relevant provisions of the Criminal Law Amendment (h),suspended the basis of China ’s elderly crime, the need for analysis, status and problemsto explore several issues of criminal probation in the elderly perfect recommendations ofour elderly criminal probation a major issue.The article includes three chapters, the first chapter discusses the theoretical basis of China ’s elderly criminal probation and theneed for criminal probation in the elderly.The theoretical basis for including the reference of the penal system of China ’s elderlycrime, the criminal responsibility of the elderly offenders, elderly crime of torture, thepenalty humanitarian values, the criminal policy of combining punishment with leniencyfive, this part of the in-depth analysis China ’s elderly criminal probation to be theexistence of theoretical foundation, laying the groundwork for further study of China ’selderly criminal probation.The second part of the chapter the necessity of our elderlycriminal probation from four aspects, namely, to adapt to the needs of the elderly specialphysical and mental characteristics, the needs of the penalty on an economic basis, ofPenalty criminal policy needs to improve crime transform the quality of safeguardingsocial stability needs.The premise and foundation of the chapter deals with the crime ofolder persons suspended。The third chapter1of the second chapter of the article is part of the focus of thepapers.Suspended for the status quo of China ’s elderly crime, the article only a briefintroduction, the focus of this chapter is to analyze the existing problems of China ’selderly criminal probation, with applicable conditions, and examine the main obligationsset investigated the mechanism for avoidance provisions five areas.The last chapter of thearticle is suspended for the existence of the second chapter of the elderly crime targetedanswers to put forward suggestions for improvement, including the improvement of theapplicable conditions, study the improvement of the subject, the obligation to set theperfect, perfect the mechanism of inspection and revocation mechanism to improve thefive parts.Article on the problems of our elderly criminal probation and its perfectrecommendations section of the article, the end-result.An innovation of the paper is noveltopics，and academia rarely has been studied. Another innovation through the analysis theexisting problems of China’s elderly criminal probation and propose effective solutions forthe problem. This is also part of the difficulty of this paper.