Research On Introducing The Rule Of Malice Supplies The Age Into China

Juvenile delinquency has always been the focus of the world's attention,especially in recent years,the lower aging trend of juvenile delinquency has become more difficult to cope with.How to solve such problems in a targeted manner is a hot topic in the criminal law community in the near future.The principle of "malice supplies the age" in the Common Law System plays an important role in solving the problem of juvenile underage crimes.When judging the criminal responsibility of juvenile offenders,it is important to grasp the individual's specific situation and base the actual situation to analyze the juvenile crime when a person commits a criminal act,determine whether there is "subjective malice" at the time of the act,and have the ability to identify and control his own behavior,providing a targeted response basis for the problem of juvenile delinquency.The judgment of criminal responsibility ability is no longer based on the simple biological age as the defining criterion,which has reduced the gap between criminal legal requirements and individual actuality.The contradiction between the rigidity ofthe age of criminal responsibility in China and the trend of juvenile delinquency has led to a lack of an effective regulatory mechanism for juvenile delinquency.In addition,for the purpose of protecting minors,legislation is too protective of minors as perpetrators,and often overlooks the rights and interests of victims who should be protected.In criminal cases of minors,not only the perpetrator,s status is minor,but also the victim is a minor.Therefore,it is not necessary to focus on the protection of the minor perpetrator of the crime,the rights of the minor as the victim need to be equal protected.In view of the inability to effectively deal with minor crimes in China's criminal legislation and judicature,we can use the connotation of the principle of "malice supplies the age" in the Common Law System to carry out localized legislative reforms,and establish a suitable criminal principles to resolve the current problem with the combination of China's legal background.The introduction of the principle of "malice supplies the age" in China's criminal law is to make the principle as an exception to make up for the rigidity of the age of criminal responsibility in our country,judge the "subjective malice" of the juvenile by separately whena minor commits a crime,determine the judging criteria for "subjective malice",the age at which the principle can be applied,and the types of penalties that can be used,make the age of criminal responsibility in our country more flexible,and also improve the standard system of juvenile delinquency in China.