| The age of criminal responsibility is necessary in the theory of criminal subject of natural person crime constitutes one of the conditions,is the criminal responsibility of the perpetrator has no legal presumption and relatively objective and fair,but also whether the perpetrator of criminal responsibility and bear the key factors of criminal responsibility of the.The definition of the age of criminal responsibility is the national implementation of an important embodiment of "Leniency" criminal justice policy "and the old young traditional ethics.Therefore,it is of great significance to study the age of criminal responsibility.Compared with other countries,although China’s current system of criminal responsibility age based on the criminal code of 1979 on the development and change,but the law and criminal judicial practice are defects in response to crime.For this purpose,this paper is divided into three parts of the age of criminal responsibility to define the existing problems and Countermeasures.The first part mainly elaborates the conception of the age of criminal responsibility and the significance of defining the criminal responsibility age.And from the legislative point of view and judicial application of China’s current age of criminal responsibility system.Including the minimum age of criminal responsibility,the criminal responsibility of different stages of criminal responsibility age division,the age of criminal responsibility calculation methods and the recognition rules.The second part through the case analysis,practice summary,the overseas criminal responsibility in Hong Kong and Macao regions and the lower age of criminal responsibility of different stages of the age of the criminal responsibility of the division of the comparative study of the depth of our current criminal responsibility system of the inadequacies of age,the main The lower limit of the current criminal responsibility can not meet the requirements of social development,the age of criminal responsibility system is not flexible and the age of criminal responsibility difficult to determine the issue of justice.In the third part,based on the previous discussion,the second part of the existing problems and put forward their own countermeasures and suggestions.First,reduce the lower age of criminal responsibility,the second is the implementation of flexible criminal responsibility age identification system,the third is to improve the age of criminal responsibility to define the relevant evidence legislation. |
