| The population structure of China has taken place great changes during the twenty-first century.The aging condition will sustain for a very long period.Correspondingly,crime by the elderly will produce a series of social contradictions,which will bring some new challenges to the development of social economy and the order of people’s life.Crime by the elderly whether can be protected as the minors as the special group in law,which should arouse the attention,thinking and discussion of all sectors of society.The People’s Republic of China Criminal Law Amendment(eight)has made provisions in order to conform to the historical development positively for the crime by the elderly,the more lenient sentencing standards embodies the humanitarian spirit of criminal law.Firstly,the aged as a vulnerable group in society,their ability to torture is lower than that of normal adult offenders,so they should be given lenient punishment.Secondly,we give lenient punishment to the aged criminals in China,it is not only the inheritance and development of the legal theory of crimes committed by the aged in Chinese history,but also highly in line with the current social environment of the aged population in China.The relaxation rules to crime by the elderly fully reflect the process of humanized development of the society.Thirdly,different countries in the world make different degrees of mild punishment for crimes by the aged.This paper has four parts.The first part is an overview of crimes committed by the aged,explains the definition of the age of the elderly.Combining with the current social reality,the paper objectively expounds the concept and characteristics of crimes by the elderly.On this basis,analysis the causes of crimes by the elderly and the development situation of crimes by the elderly that the whole society is about to face.The second part analyses if crimes by the elderly be punished with leniency.First of all,the paper expounds the views and reasons whether lenient punishment should be given to the crimes by the elderly in China.Secondly,based on the ability of criminal responsibility of the aged,the purpose of penalty,the economic principle of criminal law and the modesty of criminal law,analyzed the necessity of lenient punishment for crimes by the elderly.Then analyses the feasibility of lenient punishment for the aged from the aspects of ancient Chinese traditional morality,Chinese penalty tradition and current international practices.The third part combining with the history of our country and the current international situation,analyses the age of the old people,exonerated clause,recidivism system,commutation and parole,resettlement after prison etc,then point out the shortcomings of the current legislation.The fourth part is the core of this paper,It analyze the principle、 the object and the condition of lenient punishment to the elderly crime.Then puts forward some specific legislative proposals and suggestions,hoping to establish a more perfect legal system to make our country stable and harmonious. |
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