The Research On The Criminal Responsibility And Implementation Of The Elderly

Along with the development of the trend of population aging, the problem aboutthe elderly crime is increasingly prominent in our country, it began to cause theattention of people. The elderly crime is a special phenomenon of crime, it hasobvious difference from the average adult crime because of the characteristics andreasons of crime, this problem should be given special treatment, the new "the eighthcriminal law amendment" from three aspects of the elderly crime made specialprovisions, namely from the punishment regulations, the provisions of the conditionsdo not apply the death penalty, to broaden the probation of provisions shall beapplicable, this is a great progress in the history of Chinese criminal law.However, the legislation in the eighth amendment of criminal law is principled,it need relevant explanation and procedure to support. At the same time, we also haveto notice that the legislation in the eighth amendment of criminal law still existcertain defects, including from the age of high starting point; From death restrictivecondition is not clear; Legislation blank apply to the recidivism and corresponding tothe criminal procedure law legislation. We should take the mitigation of criminalresponsibility of the elderly as the breakthrough point to control the usage of crueltorture. At the same time, we should use and ravel the system of criminalresponsibility for the elderly. Digging its social, practical, juridical and criminalpolicy’s significance and value comprehensively, to show that rule of law should takehumanistic care and reduce the bad impact to the least value. This paper tries tocombine the old crime theory with criminal judicature, using analysis of the eighthcriminal law amendment as the text and set the elderly from punishment mechanism as goal, and put forward perfect idea. On the basis of this proposition, this article isdivided into four parts.The first part is the basic theory of criminal responsibility for elderly. Theauthor analyzes the instance of legislation about criminal responsibility for theelderly in China and foreign countries to expand the thesis. Then from four aspects tointroduce the theoretical basis of criminal responsibility for the elderly, that ismodesty principal of criminal law, humanism of criminal punishment, purpose ofpenalty, compatibility of crime, responsibility and penalty.The second part is focusing on the current criminal law of our country to reviewthe provisions that relating to the criminal liability for the elderly, mainly is toanalyze three terms for the elderly in the eighth Criminal Law Amendment, so as toreveal the existence of deficiencies and defects about the provisions of the law on theissues.The third part is that the author expounds on the implementation of criminalresponsibility for the elderly, analyzing accordingly the main penalty punishmentsand non-penalization with the elderly. A detailed analysis of standardized way torealize the criminal responsibility of the elderly, commenting on the punishmentmethod of various penalty and non-penalty in the application of older offenders.Finally, on the basis of analyzing the above problems, the author proposes toimprove our country’s criminal system about the criminal responsibility of the elderly,since put forward to perfect the legislation is the first to discuss the necessity, thenproposes specific suggestions from judiciary and the system of a complete set ofmeasures, also proposes specific suggestions to legislation’s amendment.