Three Prominent Problems And Responding Measures In Current Criminal Liability Rules Of Juveniles

In recent years, juvenile delinquency is regarded as one of the world’s three major public hazard, while others are drug-related crimes and environmental pollution, it has aroused extensive attention from our society. In other words, minors peremptory has been an important part in illegal crime. Besides, There are many juvenile have not be condemned since they have not reach the age of taking criminal responsibility, this phenomenon will break the equality and the authority of the law. so the research on the criminal responsibility of minors system is imperative. This paper starts from the juvenile criminal responsibility system by using the comparative method, and then discusses some relevant problems, such as the juvenile criminal responsibility age, the scope of responsibility and the way to bear criminal responsibility.Criminal responsibility age is the basic standard of whether the juvenile has criminal responsibility. The record of criminal responsibility age in western countries are mainly affected by the Roman law in 18 th century, while it can be traced back to the Western Zhou period in China. The mainly types of the criminal responsibility age are "three-point method" and "four points" in countries around the world. The method of "four points" is used in China, which put the age of 14 and 16 as two critical points of criminal responsibility age. This method is conducive to the consistency of the criminal responsibility age. In current judicial practice, it is hard to ensure the age, so the improvement of examination procedure about evidence is deserved. And then avoiding the conflict of asserting ways and the judicial confusion. China’s juvenile delinquency is appearring low aging tendency,thus the current minimum age of criminal responsibility is untimely,the changing of the age for criminal responsibility is compling with the trend of the times and conforming with the characters of current minor criminal.There is no explicit government regulation on the scope of the legislative model, the theory scholars are even more debate, and the theory of criminality and charge theory are advocated. By comparing, we can found that charge theory meets the requirement of the principle of legality. In order to make up the legislative defects, legislators have passed and interpreted many laws. However, the misunderstanding of the public make the legislators more embarrassed. Thus, it is very important to issue a new judicial interpretation under the current legislative situation and comprehend and apply the 2nd item of the 17 th article in the "Criminal Law" accurately.Because of the minor crime is significantly different from that of sound mind, mature adults, so criminal responsibility also need be treated specially. First of all, we should set up the correct values, for minors to education, the transformation. The United Nations principles for the best interests of the protection of minors has become the world’s countries basic principles of the penal system. The minors criminal responsibility in our countries in line with the mitigation of the trend. However, the life imprisonment, deprivation of political rights and property punishment are deviated from the "no punishment", "education, punishment subsidiary" fundamental principles significantly.The judicial application of these provisions have not given full play to the function of the education and correction. This deserves our deep consideration. It goes without saying that the non- penalty measure is a reflection of the mitigation disposal on juvenile criminals in the international community and keeping pace with the trend of our times. It is a goal of our world. The disadvantages of our country’s punishment measures is obvious, with a single form and lack of systematic. It is imperative to learn the western experience on the basis of our own national conditions, improve the criminal punishment measures as a way of criminal responsibility, abandon the unreasonable penalty like life imprisonment, deprivation of political rights and property punishment, and propose the non-punitive measures, such as the judicial warning, the good guarantee and community service.