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Concerning The Improvement Of The System Of Juvenile Criminal Responsibility Age

Posted on:2016-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:S J YinFull Text:PDF
GTID:2296330464956753Subject:Law
Abstract/Summary:PDF Full Text Request
The growth of minors is relate to the future of the country.The country should pay more attention, so in the process of construction of the socialist, we must focus on the question of minor crime problem. Minor crime, the criminal responsibility of minors, is closely relate to criminal responsibility age, to research minor crime problem, we have to research the provisions of the criminal responsibility age system. Now society of minors crime presents the characteristics of younger age, means violence, and their physiological and psychological development significantly faster compared with 20 or 30 years ago, in the face of this situation, the harm of minors to implement behavior to continue to do their indulgence is not desirable, short of punishment crime, crime prevention. Now apply the defects of the system of criminal responsibility age growing, minimum criminal responsibility age is too high, relative to the provisions of the criminal liability, the corresponding explanation is contradictory, which cause a lot of confusion in judicial practice. The punishment of minors applicable problem is the lack of specific laws. I summarized about minors in mainland China, therefore, the specific provisions of criminal responsibility age system, in-depth analysis of the legislative defects, examine the related provisions of the United States, Germany and China’s Hong Kong, Macao and Taiwan regions, draw lessons from their essence, combined with the actual situation of our country, puts forward the corresponding legislative proposals and need to take punitive measures at the same time.This article is divided into three parts, the first part is the regulation of our country juvenile criminal responsibility age system and defects. Firstly introduces the division of different countries criminal responsibility age stage and the specific provisions of different stages in our country, secondly analyses the related defects, mainly including age provisions of the criminal responsibility is not completely high defect, relative to the provisions of the criminal liability age unknown and minors punishment applicable legislation. Is higher, the minimum age of criminal responsibility regulations don’t adapt to the present situation of the current surge in minor crime, and the fuzzy relative responsible regulation, advocated fighting over the people on both sides of the said charges and behavior. Secondly, the specific criminal regulations, harm to the same degree of some crimes, some crimes. Again, the present provisions exist separate from the general principle and specifics, all these problems to practice brought about confusion. The second part inspects the United States, Germany, and our system ofHong Kong, Macao and Taiwan regions have different rules. The third part is the proposals to perfect our country juvenile criminal responsibility age, in view of the above defects put forward the corresponding legislative proposals, mainly including lower minimum criminal responsibility age limit, to determine the range of relative criminal responsibility, will harm quite behavior into sin, dedicated juvenile criminal law, etc. Perfect punishment measures are put forward at the same time, namely, to establish archives system, improve the system of community correction system and for reeducation. In this article, through analysis and research of juvenile criminal responsibility, for now the flaws of the law put forward legislative Suggestions and measures, and hopes to provide certain reference for the future legislation.
Keywords/Search Tags:Juvenile, Criminal Responsibility age, Legislative Defects, Legislative, Suggestions
PDF Full Text Request
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