Study On Reducing The Age Of Criminal Responsibility For Intentional Homicide Of Minors In China

Minors who have reached the age of criminal responsibility will be held criminally responsible for intentional homicide.The modern society is changing rapidly,information dissemination into the geometric development,the network frequently carried out intentional homicide minors do not receive criminal penalties.There has been an increasingly heated discussion among scholars on whether the lower age limit for criminal liability should be lowered.According to the present situation of intentional homicide of minors,it is necessary to study the system of criminal responsibility of minors.The first part of the article describes the current provisions and existing problems of the age of criminal responsibility for intentional homicide of minors in China,and points out that the age limit of criminal responsibility for intentional homicide of minors in China is too high through the analysis of actual cases.The second part of the article starting from the principle and basis of criminal responsibility age determine,points out that the intentional killing of minors criminal responsibility age determination based on subjective and objective unity,adapted for,"education is given priority to,punishment is complementary,assimilation of the tolerance of sex in the criminal law,criminal law such as the principle,at the same time need to consider factors such as economy and culture and physical and mental development.The third part of the article starts with the analysis of various viewpoints about the age of criminal responsibility in China's academic circles,and points out the advantages and disadvantages of each theory from the aspects of conforming to the criminal law theory and facilitating the application and practice.Combined with the high incidence of juvenile intentional homicide in recent years and the actual protection of juvenile groups,this paper analyzes the advantages and disadvantages of reducing the age of criminal responsibility for juvenile intentional homicide,and draws a conclusion that the advantages outweigh the disadvantages.The feasibility of reducing this age is explained by combining the national conditions of our country and foreign practice.In the fourth part,the age of criminal responsibility for intentional homicide of adults is described from two aspects: the range of reduction and supporting measures.The minimum age of criminal responsibility for intentional homicide of minors is 12 years old,which is suggested by combining the subjective and objective aspects of civil law and the age adjustment of civil capacity and the United Nations convention on the rights of the child.In addition,it is suggested that,while lowering the age of criminal responsibility for this act,some auxiliary measures should be taken,such as perfecting the corresponding imprisonment penalty,forming an appropriate correction mechanism,and establishing an independent calculation system for previous convictions.