The Feasibility Of Introducing The Rule Of "Malice Supplies The Age" To China

The trend of juvenile delinquency is a hot and difficult problem in the world,and the discussion on the reconstruction of the age system of criminal responsibility in China is becoming more and more intense.The rule of "malice supplies the age"played an important role in the reasonable response to the tendency of young aged crimes committed by juveniles in common law countries.For the predicament of the age system of criminal responsibility in China,the introduction of the rule of “malice supplies the age" has institutional advantages and is conducive to perfecting our criminal responsibility age system.But at the same time the introduction of any kind of system is not a simple copying,but should be according to the country's legal environment makes the corresponding legislation and formulate corresponding measures to ensure the feasibility of this rule.Therefore,in the practice of the introduction of the "malice supplies the age" rule,we should determine the rules of applicable standards and establish the "malice" proof responsibility to prevent arbitrary judicial actions.We should also improve the juvenile justice system in order to effectively manage juvenile delinquency and more effectively protect the legal rights of minors.