The Research On The Decrease Of Criminal Responsibility Age

In recent years,the social harm behavior of minors is increasing.The majority of minors in the implementation of the harmful behavior of the big subjective are malignant.From the legislative level,social background and legislation in our country at present stage compared to the beginning of the great changes have taken place,which means that the identification before the criminal responsibility age factor has changed.From the judicial level,a lot of minors have the ability to identify and control social harm behavior.But after the implementation of the illegal behavior,because of the age of criminal responsibility they cannot be investigated for criminal responsibility according to law.At the perpetrator practice,education and the transformation effect are not ideal,the recidivism rate after returning to society is higher.For this purpose,the theory and practice to reduce criminal responsibility age grew louder.China's "criminal law" on the criminal responsibility of the starting point is high.Blind tolerance on the social behavior of minors is not desirable,and it can not meet the needs of prevention and punishment of crime.Therefore,it's necessary to explore from the reduction of the age of criminal responsibility of the necessity,legitimacy,feasibility of three aspects.In the first place,the situation of juvenile delinquency is serious.The violent events in primary and secondary schools are bad,and the social harm behavior in the network age is aggravated.Secondly,The necessity of reducing the age of criminal responsibility is followed by the two aspects of criminal and legal.Finally,because of the change of the attitude of the public to the punishment of minors and the simplification of the punishment and the socialization of our country,the idea of reducing the spirit of the penalty is reduced,so the age of criminal responsibility is reduced.At the same time,the current social environment is feasible.Perfecting the age of criminal responsibility provisions of the "Criminal Law" after lowering the age of criminal responsibility also needs some complementary measures to ensure that the system can be implemented effectively.Reference to foreign advanced technology legislation,proposed to complement the malicious thought age into criminal legislation to further improve the social survey system to determine the punishment for minor security,crime and other complex right system in favor of juvenile offenders to return to society.