On The Perfection Of The Minimum Criminal Responsibility Age System In China

With the continuous development of the times,the trend of the younger age of crime has gradually become prominent in the world.In China,there have been frequent cases of campus violence,theft,robbery,intentional injury,provocation,and brawl.Juvenile delinquency has become a hot spot,and the trend of younger age and violence has become increasingly evident,causing serious social harm.Adolescents are the future and hope of our country,bearing the historic mission of realizing the Chinese dream of great national renewal.In view of the fact that juvenile delinquency has become a major hidden danger affecting social harmony and stability,more and more people realize that the punishment and prevention of juvenile delinquency is urgent.According to relevant studies,violent crimes committed by juveniles accounted for only 7.8%of the total crimes at the end of 1991,soared to 21.95%at the end of 1995,and reached 36.2%in 1996.In terms of the type of crime,juvenile homicide offenders have accounted for about 50%of all murderers in the past 10 years,rape offenders accounted for more than 55%,and injuries accounted for 67%.Nowadays,the tragedies of children committing major crimes are common,seriously endangering social health and social order,and causing widespread concern from all walks of life,(a)The increasing number of persons who do not reach the age of criminal responsibility who deliberately commit acts prohibited by criminal law,resulting in an escalation of social harm,but the extreme disproportionate punishment of the perpetrator and the inability of the judiciary to do so,This also provoked the anger of the victims and public dissatisfaction.The mandatory regulation of the age of juvenile criminal responsibility in the current Criminal Law of the People's Republic of China has been highlighted injudicial practice and needs to be improved.Therefore,it is necessary to carry out relevant legal research and research.Since the economic and social development in various parts of China is extremely uneven,it is not wise to reduce the age of criminal responsibility of minors in a unified way.It is of great significance to propose the necessity and feasibility of introducing the principle of malice to make up the age.Based on an analysis of the current situation of juvenile delinquency at home and abroad,China now has 140 million minors over the age of 14 and under the age of 18,accounting for about 10 percent of the total population of China,and the total number of juvenile delinquency is on the rise year by year.This shows that minor crimes have a considerable proportion and seriousness.China's current Criminal Law attaches great importance to the protection of minors,adopts a tolerant attitude in terms of penalties,and stipulates that all minors under the age of 14 shall not bear criminal responsibility for crimes committed by them.Persons who have reached the age of 14 and under the age of 16 are only criminally liable for serious acts of violence such as intentional homicide,intentional injury to a person or death,rape,robbery,drug trafficking,fire prevention,explosion or poisoning.While protecting minors,it is also fully reflected in the criminal procedure.The current correction policy that leads to the crime of minors in our country is based only on education and does not effectively reduce the crime rate of minors.However,adequate protection has contributed to the trend of young crimes.We will review and analyze these limited studies and summarize them as follows.In recent years,the frequent cases of campus violence and the vicious incidents of juvenile delinquency have seriously endangered the security and stability of the society and also attracted the attention of the general public.There are also increasing calls for lowering the age of criminal responsibility,so this study is of great significance.The most severe laws in the Criminal Code should have the greatest deterrent effect on the punishment of crimes.However,due to legislative deficiencies,the deterrent power of some groups of people has been greatly reduced,and the social justice order has been severely challenged.We will conduct case studies on criminal sanctions against young criminals in China,conduct data surveys and propose adaptive countermeasures,and focus on the age of criminal responsibility,from the perspective of jurisprudence and society and family.It is of great significance to discuss the academic research on"the perfection of the minimum age of criminal responsibility in China".This paper takes the inadequacy of the current age system of criminal responsibility as the research direction,so that it can be comprehensive and more powerful,put forward a targeted approach to improve,and carry out feasibility analysis.Taking the regulation of the age of criminal responsibility as an entry point,this paper investigates and studies the trend of juvenile delinquency in China in recent years,and finds out the multiple factors and correlations of juvenile delinquency.Based on the model of a prison in Fujian province,this paper studies the education of juvenile delinquents in recent years,analyzes the causes of crime,family help and education system,etc.,and uses the educational reform of juvenile delinquents who have been convicted and sentenced as a starting point.We will further collect young and irresponsible violence in the courts and the public security system.At the same time,we will also collect information through online access to information and study related books on criminal law.In the first part of the thesis,the conflict between the age of crime and the minimum age of criminal responsibility in China leads to a large number of crimes of criminal responsibility for crimes committed at a young age in China,and analyzes the current situation and causes of crimes committed at a young age.(a)To identify the shortcomings of the problem;The second part from whether to lower the age of criminal responsibility in order to alleviate the problem of juvenile felonies without criminal responsibility in the different disputes in the criminal law community to discuss the views of all parties and their advantages and disadvantages;In the third part,from how to improve the existing problems of"criminal sanctions for juvenile delinquency",the author further puts forward the application of the principle of malicious supplement age to the minimum age of criminal responsibility in China,and further improves the accountability system for juvenile delinquency.The fourth part,from the state and the improvement of social security system,further to the shortcomings of our country's minimum criminal age system,from the national,social,family,school and other levels to protect and improve,so as to better achieve the punishment of crime,crime prevention effect.