| Under the background that China is in pursuit of a socialistharmonious society, one of the priorities undertaken by the state organs ofall levels is to give special treatment to the special group in order toalleviate and eliminate social conflicts, as well as promoting socialintegration and sharing benefits of the developments with the special group.And due to physical reasons of the special group, they become victims ofcrime easily. In order to better protect the interests of the special groups,the Criminal Code also should play its role in protecting human rights ofspecial populations as an important aim. Under the traditional of legalityand the principle of equality before the law, guidance, individualparticularity been suppressed to some extent a result of the emergence ofsituations of injustice entity, and may cause the intensification of socialconflicts and instability. As a result, the injustice situation may emerge andmay cause the intensification of social conflicts and instability.The Criminal Law does not set a single chapter on special groups(including minors, elderly people who is above75years old, pregnantwomen, and the mentally ill). The regulations about responsibilities andtreatment of the special group scattered in the specialized law and thejudicial interpretations issued by the Supreme People’s court and theSupreme Procuratorate. In recent years, based on the criminal policy of tempering strict justice with leniency and the pursuit of the goal of aharmonious society, an increasing number of provisions on the specialgroup of special treatment had been introduced. This thesis will summarizethe provisions scattered in the Criminal Code and judicial interpretationsand make conclusions about the characteristics as well as inadequacies.The legislation and judicial interpretation about crimes against youthare quite complete. However other types of the special groups are not thatlucky. We need to pay more attention and give more protection to thespecial groups as a whole. |
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