Research On The Age Limit Of Criminal Responsibility

China has been an aging society for a long time.The population pattern in which the elderly account for a relatively high proportion has exerted a series of political,economic and cultural influences on China's development,and the problem of crimes committed by the elderly is a relatively representative one.Since ancient times,relevant regulations on the age limit of criminal liability in Chinese laws have been continuously maintained,which is on the one hand based on the idea of respecting the old in Chinese traditional culture,and on the other hand is the concentrated embodiment of the humanistic concept contained in Chinese laws.Since the founding of the People's Republic of China,the relevant provisions on the upper age limit of criminal liability in China's criminal law have been in a blank state for a long time.It was not until China revised the criminal law for the eighth time and issued the amendment to the criminal law(8)that this situation was improved.In the amendment to the criminal law(8),it is clearly stipulated that a person who commits a crime over the age of 75 can or should be given a lighter or lighter sentence according to the subjective will of intent or negligence.A person over the age of 75 who commits a crime shall be sentenced to probation if the death penalty is excluded.However,the above statement does not include the death of a person by particularly cruel means.The relevant provisions on the upper age limit of criminal liability in the amendment to the criminal law(viii)reflect the great progress in China's legal construction.However,it must be pointed out that the relevant legal provisions on the upper limit of criminal liability still have a great space to rise at the present stage and need to be constantly optimized and improved.In this paper,the conceptual characteristics and current limitations of the upper limit of criminal liability in China are analyzed,and the feasible optimization Suggestions are made based on the historical development history.This article is divided into six chapters,the first section is an overview of the agelimit of criminal responsibility,the first section is to elaborate the meaning and characteristics of the age limit of criminal responsibility.The second section is the historical evolution of the limitation system of criminal responsibility in China,which is divided into three sections.The first section is the age limit of criminal responsibility stipulated by the law of the Western Zhou Dynasty,the second section is the age limit of criminal responsibility stipulated by the law of the Han Dynasty,and the third section is the age limit of criminal responsibility stipulated by the law of the Tang Dynasty.The third section is about the age of criminal responsibility stipulated in our current criminal law,which is divided into five sections.The first section is about the age of no criminal responsibility stipulated in our current criminal law,the second section is about the age limit of criminal responsibility stipulated in our current criminal law,the third section is about the age of complete criminal responsibility stipulated in our current criminal law,and the fourth section is about the current law of our country.The fifth section is the deficiency of the current criminal law of our country in dealing with the seniors' crime in sentencing.The fourth section is the analysis of the rationality and feasibility of setting the age limit of criminal responsibility in our criminal law,including two sections.The first section is the analysis of the rationality of setting the age limit of criminal responsibility,and the second section is the feasibility analysis of setting the age limit of criminal responsibility.The fifth chapter is about the specific suggestion of setting the age limit of criminal responsibility in our current criminal law.Chapter VI is the conclusion,summarizing the full text and sublimating the main idea.