Study On Reforming The System Of Criminal Responsibility Age

The system of criminal responsibility age,whose root and development are highly related to the continuous improvement of our society's politics,economy and culture,along with our human's mental growth,plays a very important role in criminal law theory.In the early stage of human's society,for its low subjective consciousness and ability to self-control and recognize,what people know about crime is only about the objective damage caused by the crimes.So they can only follow the objective imputation principle to confirm whether it is a crime or not,instead of studying the subjective world of perpetrators.With the evolution of the society,people's self cognition ability grows as well.Their self subjective consciousness becomes the dominant position.Nowadays people can gradually identify the rate of perpetrator's subjective evil.And they gradually know that to confirm whether it is a crime or not,they need to analyze both subjectively and objectively.Chinese criminal law still follows the rules of the criminal responsibility age that went effective forty years ago.However,in the recent years,the lower-aged crime problems are becoming more and more serious.There are more incidents of serious harmful social behaviors committed by juveniles under the age of 14.In these incidents,what those juveniles did are cruel with great subjective evil.They have caused a serious damage and bad influence to the society.Nowadays the crimes committed by the juveniles are more and more similar to the methods and patterns of the crimes committed by the adults.Vicious crimes committed by Juveniles under the age of legal criminal responsibility have become a problem of social governance,which has raised general attention of the whole society.This paper makes a research on the phenomenon of lowering ages of criminal offenders faced by the whole society,focusing on the serious harmful social behavior committed by juveniles under the age of 14.This paper is divided into four chapters.In the first chapter,it describes the criminal cases of juveniles "under 14 years of age" and the campus violence cases,and analyzes the three intervention measures concerning serious harmful social behaviors of minors in our country.Based on what has discussed above,this paper finds that there are some defects in the legislation of the age system of criminal responsibility in our country,and three intervention measures are almost nonexistent.Furthermore,there are loopholes in legislation concerning the criminal offenses committed by juveniles "under 14 years old" and “juvenile delinquency”.The rampant juveniles outside the law have aroused discussion and dissatisfaction in public opinion.The second chapter,by comparing the evolution process of the relevant provisions of the age starting point of criminal responsibility at all times,discussing the disadvantages of setting the starting point of criminal responsibility age with social reality,and advocates that the starting point of criminal responsibility age should be reduced in accordance with the situation.The third chapter expounds what is "juvenile delinquency" from the concept of the concept of criminal capacity.By comparing the criminal law of our country when it was first issued in 1979,combining with the perspective of sociology and psychology,the paper discusses the psychological development of juveniles age in net explosion era in 2020,which leads to the discussion of domestic experts and scholars on the phenomenon of "juvenile delinquency" and I put forward my own views.Finally,I give examples and put forward my opinions on how to deal with the phenomenon of "juvenile delinquency" at home and abroad.The fourth chapter,firstly,according to the above three chapter's conclusion,explains the possibility of lowering the starting point of the age of criminal responsibility in our country from three aspects,and then I declined to elaborate on the rule of “Malice Supplies the Age” in common law countries.This paper briefly discusses the reasons why this rule can be used as a supplementary rule for the age system of criminal responsibility in our country,and finally summarizes the whole article and puts forward the reform and design of the age system of criminal responsibility in our country.