Research On The Age Of CriminalResponsibility In China

The criminal responsibility age system is an important criminal law system in China,and it is focused on solving the problem of whether citizens are investigated and how to pursue criminal responsibility in a certain period of time.Since the main content design is tolerant as a value orientation,it can also be called a tolerant criminal law system,which has always been highly concerned by the theoretical and practical workers of criminal law.However,many issues have not yet been clarified.To this end,the article explores relevant issues in four parts.The first part is the basic theory of the age of criminal responsibility.The core concepts of the age of criminal responsibility are discussed.The second part is an overview of the age system of criminal responsibility at home and abroad.By comparing the age of criminal responsibility at home and abroad,with a view to learning from the advanced experience of foreign countries and China's history,we can achieve the goal of perfecting the current criminal responsibility age system in China.The third part is the problem of China's criminal responsibility age system and the reduction of the age of criminal responsibility.In the system of criminal responsibility,the age limit of criminal responsibility of 14 years old is not scientific;the scope of criminal responsibility of minors aged 14 to 16 is too narrow;the age of the elderly is relatively negative Bear the upper limit of criminal responsibility.To reduce the level of criminal responsibility system,the principle that all minors should be lighter and mitigated should be too rigid and the difference is not enough;the provisions for lowering the criminal liability system for the elderly over 75 years old are not scientific and meticulous.The fourth part discusses the measures to improve the age system of criminal responsibility in China.It is believed that in the age of criminal responsibility,the age of guilty minors should be reduced to 12 years old,and the flexible criminal accountability system should be set up between the ages of 12 and 14;the eight crimes should be broken during the age of fourteen to sixteen.Limit,broaden the scope of criminal responsibility;establish a relative criminal responsibility age investigation system between the ages of 75 and 90;build an elastic criminal accountability system for the elderly over 90 years old.From the perspective of reducing the age of criminal responsibility,it is recommended to introduce a third way of tolerance for minors to pursue criminal responsibility-exemption from punishment;to build a more scientific and meticulous system for reducing the criminal responsibility of the elderly,suggesting direct deliberate crime,Penalties may be lightened or mitigated;indirect intentional crimes shall be lightened or mitigated;negligence of negligent crimes shall be lightened,mitigated or exempted from punishment;if they are too confident and have committed crimes,they shall be relieved or exempted from punishment.