On The Establishment Of The Rules Of The Age Of Malicious Complement In China's Criminal Law

In recent years,taking place repeatedly in our country that children under the age of 14 being murder,mayhem,bullying and etc.Some cases means even are outrageous.But our country's criminal law regulate children under the age of 14 haven't criminal responsibility what means is that all children under the age of 14 however they do they won't be sentenced to punishment.Because of this,the situation is not optimistic.On the one hand,in recent years,children under the age of 14 being murder and intentional injury show that they are more mature and more harmful than their real age.On the other hand,current criminal law constrained by the regulation of criminal responsibility age,often cannot play its function of punishment,education and correction for these children.Therefore,the author intends to draw lessons from Anglo-American law system country criminal law in practice to establish “the rule of malice supplies the age” in China's criminal law.So as not to change the regulations under the premise of criminal responsibility age and put these children into the scope of the criminal law to make up for legal loopholes.In this paper,the first chapter mainly discusses the "the rule of malice supplies the age" interpretation and its application,clearing that the concept of the rule of malice supplies the age rules and its application and development.The second chapter analyzes the necessity to establish the rule of "the rule of malice supplies the age" in the criminal law of our country.Firstly analyze the actuality of our country,the children make major crime phenomenon increasingly.Secondly analyze that our country criminal law criminal responsibility age is rigid.Thirdly analyze that other norms are poor in preventing these cases.Third chapter expounds that establishing rules on the rule of malice supplies the age should follow these basic principle,including in the legal principle of criminal punishment and principle of suiting punishment to crime,the legal interests of the austerity of criminal law and the conflict and the coordination between the function of protecting and the function of ensuring human rights.The fourth chapter states that increasing the system of "the rule of malice supplies the age" in the criminal law.The first is to clear the judgment standard of "malicious",mainly from three aspects,including in understanding ability,behavior and personal harmfulness.Secondly clear that the subject scope of "the rule of malice supplies the age" and the applicable type of cases.Finally probe that the punishment of the application "the rule of malice supplies the age",including in applicable principles,types of penalties and the application of the penalty.