| With the improvement of social and material living standards, and greatly enhance the level of medical technology to reduce abnormal mortality and longer average life expectancy of the population. Population decline in the labor force and increasing the burden on the social welfare and some other family problems have attracted attention. Problems of the elderly population is not just for our troubled reproduction problems, but also involves many aspects of society, elderly crime is one of them."Criminal Law Amendment (Ⅷ)" February25,2011by the Standing Committee of the Nineteenth Session of the Eleventh National People’s Congress, the Chinese Criminal Law in the new legislation for the first time created from three elderly crime from width of the penal system. These provisions clearly defines the leniency of treatment elderly crime, is to follow an important manifestation of the criminal policy of combining punishment with leniency of. In punish serious crimes, while further improving the leniency provisions in the Penal Code, in order to better reflect the civilization of socialism with Chinese characteristics criminal law and humanitarian.For a long time, for the elderly Crime theorists recognize the existence of improper research on elderly crime theorists system is also very scarce, there is no interest in advocating for the elderly calls, resulting in a lack of adequate protection for the elderly population. Therefore, you need a clear idea to set the record straight, so that more people understand the need for studies of older issues.Elderly crime have become a topic of concern, because it has a need to explore. Elderly crime is a social objective phenomenon, the arrival of an aging society exacerbated the problems of the elderly and social development of the contradictions between. The elderly are a special group of society, along with age, gradually changing physically and psychologically, which compared with the general adult there are many different places, so we need to make them more conducive their consideration. But the country’s legislation and judicial practice protection system for the elderly established quite late, correct understanding of elderly crime, accurate analysis of the elderly should apply criminal penalties to better reflect the basic principles of criminal law. Research on this hot social issues is conducive to the use of theoretical knowledge in the social practice of law, to help solve the problem of social conflicts, improve their legal knowledge; also identify some deficiencies in the system and to raise the newborn about the perfect proposal to promote China’s legal construction of a force.The thesis is divided into three parts. Mainly for the "Criminal Law Amendment (Ⅷ)" the relevant provisions on elderly crime leniency to make rational thinking, draw relevant basis for elderly crime leniency, and the elderly crime leniency given relevant recommendations. The first part of the elderly crime overview. The four chapters in part by the former paper. Describes the current research, the definition and characteristics of elderly crime were discussed. And elderly crime trends were analyzed. The second part, elderly crime leniency caused controversy and rational thinking process. The fourth part of the paper, five chapters. Describes the legislative status, are discussed on the controversy caused by the elderly crime leniency, and from the legal basis and the physiological basis for the elderly crime lighter punishment feasibility analysis. The third part of the elderly crime lenient punishment legislative proposals. This section discusses the legislative proposal for the elderly and criminal penalties discretionary legislative proposals penalty execution. Made lighter punishment appropriate to reduce the age limit, set the age limit for criminal responsibility, appropriate to relax the elderly commutation, parole conditions and restrictions apply the death penalty for the elderly and other issues put forward specific proposals. |
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