The Research Of The Minimum Age Of Criminal Responsibility In China

The criminal law of our country according to the children's physiological and psychological growth and the need to combat crime,combined with the long implementation of minors education,supplemented by punishment policy,it from the development of society,economy,culture and education in our country as well as minor crime reality,and learn from the legislative experience of others' the continental law system,the age of criminal responsibility in China is divided into three stages: the age of no criminal responsibility,the age of relative criminal responsibility,the age of completely criminal responsibility.The minimum age of criminal responsibility system discussed in this thesis includes the age of no criminal responsibility and the age of relative criminal responsibility.According to the china's current criminal law,minors under the age of fourteen for non criminal responsibility,fourteen years to sixteen years of age minors relative criminal responsibility,criminal responsibility of eight serious crimes to the law cited.The beginning of legislation,China has established the minimum age of criminal responsibility system for containment and prevention of juvenile crime has played a significant role and positive impact,at the end of twentieth Century,the number of juvenile delinquency sharply decreased.However,with the development of China's social transformation,the development of economic reform and the popularization of Ideological and cultural education,there are become some new trends and characteristics of juvenile delinquency in china.Juvenile delinquency is becoming more and more serious trend of low age,organized crime,gang violence crime means the structure of our country the minimum age of criminal responsibility system pose a challenge,especially the recent frequent occurrence of school violence bullying cases caused by the bad social influence,and further led to the public for the current system the discussion and questioning.The current minimum age of criminal responsibility system for containment and prevention of juvenile delinquency is weakly,the system of the age of no criminal responsibility and the age of relative criminal responsibility is becoming increasingly apparent,how to improve the minimum age of criminal responsibility system,the effective prevention and control of juvenile delinquency has become very urgently.This paper firstly from the legislative background of the historical evolution ofthe system in our country and analyze the current legislation,Illustrate the rationality and scientific of regulations at the beginning of legislation,and then elaborates the social background in the changes of social and economic,cultural and educational development of minors' physical and mental cognition level.The existing problems of China's minimum age of criminal responsibility legislation,Comparing the other countries,China in Hong Kong,Macao and Taiwan's legislation,finally puts forward suggestions and measures to perfect our system of minimum age of criminal responsibility,such as the feasibility of lowered the minimum age of criminal responsibility and the necessity,put forward specific legislative proposals,unified the relative age of criminal responsibility in the crime standard,China to build a complete the juvenile justice system,hope to give some reference for the development of China's current system.