Study On Malicious Complement Age Rule

Nowadays,with the development of human society,minors tend to be precocious in body and mind,but their behaviors that seriously harm society do not bear corresponding criminal responsibility according to their psychological state.In recent years,more and more people are paying attention to how to deal with the extreme violence of minors in our country.At present,there is only a single chapter of the criminal procedure law in our country,and the provisions of other laws are relatively scattered,and mainly focus on the protection of minors,so it is impossible to effectively regulate the serious harmful behaviors of minors in legislation.China's criminal law stipulates that minors under the age of 14 are persons without criminal responsibility ability,which means that as long as they are under the age of 14,they can not be convicted and punished.Judging from the recent vicious cases such as homicide and intentional injury of minors under the age of14,the perpetrator has the mental maturity to bear the criminal responsibility and should bear the criminal responsibility for the behaviors that harm the society.However,because the current criminal law is bound by the minimum age of criminal responsibility,it can not punish these people through punishment,so as to achieve the effect of punishment,education and correction.Under the circumstance that it is not mature to reduce the age of criminal responsibility of minors generally,in order to curb the momentum of juvenile delinquency,China should actively draw lessons from the malicious complement age rule in the criminal law of common law countries,so as to protect the minors who have not reached the minimum age of criminal responsibility who have committed serious harm to the society without changing the current age system of criminal responsibility,Strictly investigate their psychological state,and give necessary conviction and punishment to the minors who really achieve the ability of criminal responsibility,so as to achieve the general purpose of crime prevention.The paper is divided into four parts:The first part mainly discusses the evolution of the age rule of malicious complement,defines the connotation of the age rule of malicious complement,and discusses the application and development of the age rule of malicious complement in the United Kingdom,the United States and Hong Kong.The second part expounds the theoretical basis of the malicious complement age rule,including the age system of criminal responsibility,the principle of the adaptation of criminal responsibility and punishment,as well as the conflict and coordination between the criminal punishment function and the human rights protection function of the criminal law.In the third part,it analyzes the necessity of drawing lessons from the age rule of malicious complement in our criminal law.First of all,it analyzes the current situation of the serious situation of juvenile delinquency in China and the increasingly prominent phenomenon of violent violation of the law;second,it discusses the problem that the age system of criminal responsibility stipulated in the criminal law of China is too rigid,which is not consistent with the actual growth and development of minors in China;finally,it describes in detail three views on whether to reduce the age of criminal responsibility,and draws lessons from malicious compensation The rule of full age is conducive to maintaining the stability of our society and protecting minors.The fourth part,discusses the application of the malicious complement age rule in our criminal law.First of all,it defines the establishment standard of malice from three aspects of cognitive ability,behavior mode and personal danger;secondly,it analyzes the use of minors' social investigation report,psychological evaluation and other methods to strengthen the identification of "malice" in practice;finally,it discusses the improvement of the age rule of malice complement in terms of applicable charges,applicable age range and so on.