Studying On The Senior Citizen's Human Rights In Criminal Law Of Chin

"Don't feel old,but the old still can do many things" poet liu yuxi in simple a few words just to say the value of the old people.In the current society,as the population increasing of aging population,an increasingly large elderly population in our country,the stability and the elderly,fully protecting the human rights can help the elderly social stable and harmonious.18 after the third plenary session,"the central committee of the communist party of China on promoting the rule of law certain major issue decision" to speed up the safeguard and improve people's livelihood and promoting the construction of legal system of social management system innovation,improve the elderly vulnerable groups,such as human rights protection of the laws and regulations as a priority.However,in the current legal system,especially in our country criminal law,regulations on human rights protection in the elderly "desire to return".The punishment for the elderly from the death penalty provisions shall be applicable to the rules,restrictions,and to relax the regulation of probation and execution of the penalty for commutation and parole,etc in the protection of the elderly has many insufficient place on human rights.For example,lack of the idea of protecting human rights;For the elderly from punishment in criminal law,from death,and ease of probation applicable age limit is not reasonable;On the applicable conditions of commutation and parole tilt in elderly criminals is not strong enough;The elderly crime,criminal responsibility way too single,etc.Therefore,in this article,the author detailed analysis pointed out that China's"criminal law" in the above the parties in the face of the old human rights exist deficiencies,and put forward reasonable Suggestions.In terms of simple is to enhance the idea of protecting human rights;Will be lower from death age limit to 70,the use of limit and reduce death penalty for the elderly;Will be no penalty and ease of probation for lower age limit to 65 years old;When choosing suitable punishment and punishment need to be flexible,and the proper use of punishment is not for the elderly crime.Specifically,this article is divided into four chapters in detail:The first chapter is the introduction part,briefly illustrates the paper selected topic background,research significance,research status at home and abroad,research ideas and methods,and innovation and deficiency of this article.The second chapter is an overview of the part.The first aspect is mainly a general overview of human rights,discusses the origin of human rights and the development of the modern concept of human rights in our country.The second aspect is defined in this paper,the research subject "old people",and argues that in the current society more than 65 years old people call "old people".The third aspect the author discusses the protection of human rights in the elderly,including humanitarian value of the criminal law,the trend of mitigation of punishment theory basis and the trend of international human rights protection,the problem of population aging,the reality basis.In the third chapter elaborated our country criminal law to safeguard the present situation of human rights in the elderly,and the analysis pointed out that there are shortcomings.Deficiency are the lack of the concept of human rights protection,the way of criminal responsibility is too single,from death to old people,no punishment,and ease of probation applicable age limit is not reasonable,etc.Chapter iv according to the paper before of the insufficiency in the protection of human rights in the elderly in China's criminal law,the improvement of the reasonable Suggestions are put forward.