Thinking Of The Elderly Crime Punishment

Along with our country population aging problems have become increasingly prominent, the proportion of the elderly population in the total populationincrease gradually, the elderly crime is also growing. Elderly crime has become a serious social problem, for the elderly crimeresearch and legislation has been crunch time. "Criminal law amendment (eight)" is the first time in the form of law for the elderly crime to punishment, but for elderly crime punishment question, the legal provisions of our country has just started, but need further regulation, the purpose of this study is to the.This paper will be divided into three parts:The first part analysis the elderly crime criminal law applicable to the situation. First, the author through their own practical work experience in an old criminal case departure, through positive and negative aspects of the elderly offender lenient penalties and aggravating the potential value of different social comparison explanation for elderly lenient punishment of crime is a manifestation of our progress in the rule of law. Second, because of the "criminal law amendment (eight)" on the elderly crime from the provisions of the punishment is too simple and general, and the lack of related supporting system, the author thinks that the following four aspects of problems:the first is greater for the elderly crime punishment age starting point is too high, the second is a criminal action each link lack of crime from the special provisions of the punishment for the elderly, three fast handling of the case is lack of effective supervision measures, four is fewer of the old crime criminal reconciliation.The second part of demonstrating the legitimacy of the elderly crime from the punishment. First of all, in today’s aging population growing, for the old crime shall be from the necessity of penalties:one is the need to solve the problem of aging population, second is to meet the needs of the criminal law, fair and three is to meet the needs of the penalty purpose, four is saving resources of the criminal law need. Second, throughout the history of criminal justice in our country, always have a tradition of respect for the elderly, and some countries and regions outside of the elderly crime from the provisions of the punishment is relatively scientific and perfect. This shows that the elderly crime be lenient punishment not only has a profound historical and cultural background in China, but also with the international community on the elderly crime legislative trends remain highly uniform. In addition, the international community is generally positive for the protection of vulnerable groups theory also be lenient criminal penalties for the elderly feasibility of providing theoretical support.The third part is the idea of the elderly criminal penalties applicable. Firstly, based on physiological status of older persons, coordinating the balance between our laws and regulations, it is recommended to elderly lenient criminal penalties starting age reduced to 70 years of age. Secondly, by strictly grasp the essence of the arrest elements, in a timely manner after his detention necessity to review, to ensure that the elderly criminal careful criminal compulsory measures. Thirdly, draw lessons from the new modification of the criminal procedure law about minors litigation rights protected mode, the relevant provisions of the advice given both belong to the special groups of elderly corresponding specified right of defendant and relevant personnel are present. Fourth, according to the supreme people’s procuratorate on the fast to deal with the views of the minor criminal cases "requirement, build the elderly crime mechanism is dealt with quickly, try to shorten the period of time for handling the case of each link. Fifth, by loosening the relative conditions not to prosecute, set up a qualified for the elderly crime not to Sue system, perfecting the provisions of the criminal not to Sue for the elderly. Sixth in the elderly crime litigation procedure of each link are widely used in the criminal reconciliation, timely restore the destroyed by the offender of social relations, make up for the victim’s damage, but also benefit the offender to turn over a new leaf.