Whether "the Released Death Of Senior Citizens" Is "Too Early"

“People’s Republic of China Criminal Law Amendment(8)”has been issued sinceMay1st,2011, but it has been controversial until now, especially the article17and49about the regulation of “excused elder people”(If people who are above75years oldmake crime on purpose or criminal negligence,the punishment will be reduced;people who are above75years old don’t apply death penalty in the trai except themurder in an extreme cruel method.) Legislators think this is an improvement ofjudicial civilization;this is a continuation of Chinese traditional excellent ethics.Itshows the concern of government and society to elder people,and it is an indication ofour Party’s policy,which says “security,medical care, worthiness,education andhobby for the elderly.The author thinks this regulation violates the principle of legalfair severely and makes the departure from legislative purpose of the Criminal Law.In addition, it will make negative effect on people and undermines the credibility ofstate and government.Therefore, the paper demonstrates the reasonableness of such aprovision from guiding ideology of legislation, historical habits, legal basis andpractical operation.The author claims that this legislation seems to meet thedevelopment trend of the world,but actually are ahead of legislation.Raising somesolutions on the problem,this paper aims to enlighten the society. Meanwhile, theauthor seeks to avoid entering the preconceived mindset in order to achieve their fullevidence.