Research On The Criminal Responsibility System Of The Elderly In China

The aging population has become an increasingly striking social problem in the whole world.According to the statistics,the process of the aging population in the world is speeding up.China has entered an aging society with the development.By the end of 2015,the number of elderly population in China has exceeded two hundred million,it’s more than ten percent of the total population in china.sociology experts said that the current stage of China’s elderly population ratio will continue to rise.The phenomenon of the elderly crime has become a new problem in the process of social development,and the criminal responsibility of the elderly has begun to cause widespread discussion.The crime of the elderly is a kind of special crime phenomenon,the criminal motive and the crime way are different from the general crime,so we must take it seriously.Although in recent years,the proportion of the elderly in China is relatively low,however,the main body of the elderly crime has its particularity,so we have to attach great importance to the issue of the elderly crime.Although the relevant provisions of the elderly crime in China’s criminal law,but in the face of numerous and varied cases of the facts,the existing provisions alone is not enough.This paper is divided into five parts of the systems of the elderly criminal responsibility,based on the elderly criminals a special criminal groups,focusing on the basic theory of criminal crime in the elderly,analysis of the characteristics of age limits and the criminal of the elderly,and referring to specific provisions of ancient and modern Chinese and foreign criminal legislation for the elderly crime and its practical significance,combined with the physiological characteristics of the elderly themselves,psychological and other aspects of.Combined with the relevant provisions of the criminal law of the elderly and the status quo of the criminal responsibility system of the elderly in our country,this paper puts forward the necessity of improving the criminal responsibility system of the elderly.This article through the literature method,comparative analysis method and experience method,the specific measures to improve the elderly criminal responsibility system in China is put forward from several aspects,elaborated the elderly criminal responsibility theory of the method,were compared and analyzed according to different criminal and non criminal punishment,including the improvement of the procedure,the optimization of punishment.To improve the elderly criminal responsibility system of our country is mainly investigated the importance of criminal responsibility of the elderly,on the one hand,put forward concrete suggestions from the law,and the relevant system of the angle,on the other hand,the future of law to revise and perfect the corresponding comments.In view of the new social problems of our country’s criminal offense,on the one hand,we need to improve laws and regulations,on the other hand,we should consider the special subject.The crime of the elderly is a common problem faced by the whole society.The penalty is not the purpose,the pursuit of leniency is not social,it’s the most important to make all the old people enjoy themselves.