A Study On Criminal Responsibility Of Minors

Minors is the baby of the family, the hope of the country and the future of the nation. China’s dream ultimately realizing depends on minors’ thriving. Although the party and the government highly concerned about and attach importance to the growth of minors, they are still vulnerable groups in society, juvenile need more care and love in our society. In recent years, due to various negative factors and the influence of the bad environment in family, school, society, the minor crime is rising, juvenile crime problem increasingly prominent. Conducive to the healthy growth of minors in the whole society under the rule of law environment is urgently needed.Due to minors in such aspects as understanding ability and control ability is different from adults, having their unique characteristics of body and mind, national criminal legislations when determining a minor criminal responsibility, are always based on their own characteristics of body and mind, to their disposal are different from the adult to make special provisions. This point, our country is no exception."Parents patrial" in western countries, especially in the aspect of criminal procedure, minors’ criminal responsibility has its own characteristics. Chinese ancient criminal laws based on the feudal ethics and rites and the inherent requirement of the minor crime mostly take or reduction or exemption of criminal policy.Building perfect juvenile criminal justice system, the first thing is to establish reasonable criminal responsibility age. On the issue of criminal responsibility age, the regulations are not the same, can be roughly divided into two, three and four point system. Division of minors’ criminal responsibility age in the theoretical circle in China is controversial, based on the minor crime early onset, early maturation of body and mind, the juvenile criminal responsibility age is feasible to13years old. In addition, it’s necessary to build corresponding criminal system supporting the implementation, unless it is a vicious violence, social harmfulness greatly case, can start the program.Countries around the world in terms of minors’ criminal responsibility legislation patterns, can be divided into different modes according to different criteria. Our criminal law takes dispersive lawmaking mode to stipulate minors criminal responsibility.This mode is not conducive to the realization of the juvenile justice, neither conducive to the criminal law protection of minors. The paper suggests stipulating separately in minors criminal responsibility. It is controversial about minor relative to the scope of criminal liability in academia.Principle of a legally prescribed punishment should be always throughout the criminal law, it is scientific and reasonable to interpret strictly the scope of minors relative to bear criminal responsibility.It’s primarily from the substantive law and procedural law two aspects to perfect juvenile criminal responsibility. Our current substantive law embody the special protection of minors, but still have disadvantages, subjecting to further perfect the legislation. It’s a bright spot for minors criminal cases special attention on program design in the new criminal law, while how to apply, the related judicial interpretation should also be further clear. Complete legislation is the premise and foundation of perfecting juvenile criminal law system, a sound system of our country juvenile criminal law is to strengthen the protection of minors.