Research On The Minimum Age Of Criminal Responsibility

The minimum of the age of criminal responsibility is essentially a kind of legal presumption in the criminal law.This kind of presumption is actually the fact that the facts in the empirical field are stipulated by the law.In the early 1950 s,China's criminal law adopted the concept of "identifying ability" and "dominating power" to lay the theoretical foundation for the determination of the lower age limit of criminal responsibility.In recent years,the phenomenon of the younger generation of juvenile delinquency has gradually attracted people's attention.How to better deal with the trend of juvenile delinquency in the young age needs to be carefully addressed.With the continued occurrence of young people killed in minors,Whether or not the minimum of criminal responsibility should be reduced become the focus of debate in various sectors of society,the main academic views on this are mainly divided into two groups : reduction and maintenance theory.This article summarizes their viewpoints through research review.The historical investigation of the lower age of criminal responsibility.In ancient China,the provisions on the lower age limit of criminal responsibility were constantly changing.The ruling class followed the concept of“compassionate young people”.The idea of youthfulness was first embodied in Western Zhou Dynasty,and the determination of criminal responsibility based on age was directly reflected in Han law.During the Tang Dynasty,China's feudal laws were unprecedentedly complete,and the minimum age of criminal responsibility was systematically and fixed.During the Ming and Qing Dynasties,the laws and regulations of the Tang Dynasty were basically followed.The provisions of the lower age limit of criminal responsibility in our country have also gone through a period of repetition.Experts and scholars in the theoretical field and the judicial practice field have never got a consistent answer on the issue of the lower age of criminal responsibility.14-year-olds,13-year-olds,and 12-year-olds have all been adopted as criminal liability age limits.The extraterritorial investigation of the lower age of criminal responsibility.By comparing and studying the legislative provisions of countries and regions overseas,it comes to theconclusion that the minimum of the criminal liability system promulgated by countries and regions in the world based on local history and humanities is very different.The main features are:the lower age limit of criminal responsibility in different regions is different.Although it approaches,the same trend is not obvious;second,the historical trend of local legislation has mainly tended to be gentle and non-penalty.The age of criminal responsibility and ability of criminal responsibility.In the field of theoretical study of criminal law in our country,the connotation of criminal responsibility ability draws on the criminal law theory of civil law countries,in which it is generally believed that the ability of criminal responsibility as a part of the crime should embody the identification and control of the criminal.It is a long-term process for an individual to have complete control over identification.In this process,individuals grow,their education improves,and their social experiences and insights become more abundant.In other words,only when they reach a certain age are they able to distinguish and control.Determining how much different ages have different resolution and control power provides the basis for the determination of the lower age limit of criminal responsibility.the legislative status quo and problems of the lower age of criminal responsibility in China.China's current legislation adopts 14 years of age as the minimum age of criminal responsibility.However,due to its incomplete legislation,there are various problems.At present,there are serious juveniles under the age of 14 who commit violations of the criminal law.In dealing with such issues,our country's legislation is still blank and needs to be perfected.In addition,China's current treatment of juvenile delinquency cases follows a set of penalties for adults,which is not conducive to the correction and re-socialization of juvenile offenders.The legislative suggestions and reasons for improving the minimum age criminal responsibility system.The call for lowering the minimum age of criminal responsibility has revealed that all walks of life are still unable to abandon the idea of "legal omnipotence." Reducing the lower age of criminal responsibility cannot fundamentally solve the problem of young people committing crimes in violation of the law,and it also violates the international trend of lightening of penalties.Correspondingly,China should improve the supporting legislation for the lower age of criminal responsibility and build an independent juvenile justice system to provide institutional guarantees for addressing the problem of the age of crime and protecting the healthy growth of minors.The author tries hard to put the criminal law in the broad view of society and investigates into it.The criminal law is studied on the basis of criminal law.It focuses on philosophical thinking and overall value judgment on the phenomenon of criminal law and reveals the laws of criminal law to improve the accuracy of criminal law.The minimum of the age of criminal responsibility is placed in a broad social perspective to conduct research and explore the scientific nature of the current minimum age of criminal responsibility in China.