Study On The Age System Of Criminal Responsibility Of Minors In China

All laws were first formulated to maintain social stability.As a future buil der of the country,minors,growth and development have a decisive influence on the country.Therefore,the problem of juvenile delinquency is always a matt er of great concern to every country and society.The age of criminal responsibi lity is the age that the actor stipulates that the actor should bear criminal resp onsibility.Since the starting point of the age of criminal responsibility in our c ountry has been set to 14 years old during the reform and opening up,there h as always been a debate about whether to reduce it.In recent years,with the c ontinuous development of society,the situation of juvenile delinquency in our country has become more and more serious,showing a trend of younger age a nd violent development.Regardless of the severity of the crimes committed by minors under the age of 14 in China's Criminal Law Controversy over regulat ions that do not bear criminal responsibility for behaviors that endanger society has become increasingly fierce,and there has been extensive discussion amon g all sectors of society,especially the legal profession,and the public's desire t o lower the age of criminal responsibility is increasing.In order to prevent juve nile delinquency,promote the juvenile's healthy growth,and create a good soci al environment,how to perfect China's juvenile criminal responsibility age syst em has become an urgent problem to be solved.During the development of China's minor criminal responsibility system.A t the legislative level,The legislative provisions regulating the behavior of mino rs are scattered in several laws such as China's Criminal Law,Law on the Pr otection of Minors,and Law on the Prevention of Minor Crimes,the content is not clear and specific;at the judicial level,there is a "gap" in the juvenile jus tice system,There is no punishment or education for young minors,which is ba sically "released",resulting in "pig raising difficulties".Based on the current pre dicament,there are three different doctrines in the legal profession regarding w hether to reduce the age of criminal responsibility:"unchanged doctrine","redu ced doctrine" and "flexibility doctrine".Among them,the "elasticity theory" that draws on the "malicious replenishment of age" rule in the Anglo-American le gal system has increased in popularity in the past two years.However,as a sys tem norm,the law should have stability,and the legal changes concerning min ors should be cautious,especially for the application of penalties.The current "unchanging theory" conforms to the spirit of China's criminal law and can take into account both the functions of social defense and free will.In order to maintain the current age of criminal responsibility,it also need s to be supplemented by improving relevant systems.Juvenile delinquency is a social problem,and solving this problem requires the state,family,and society to jointly assume responsibility.To address the exposed problems,we must bas e ourselves on national conditions and learn from advanced foreign experience,under the principle of "education,probation and rescue",a complete juvenile le gal system is established;clarify the conditions for the acceptance and upbringin g of minors who are not criminally responsible,and incorporate them into judi cial procedures;vigorously develop compulsory parental education to enhance th e parental and other guardians 'ability to raise minors;promote the corrective r ole of minors' community correction system.Through the mobilization of all p arties and the multi-pronged approach,a juvenile justice system that combines leniency and strictness is created to effectively prevent juvenile delinquency.