Improvement Of The Age Of Criminal Responsibility Under The Premise Of The Overall Unchanged

In recent years,juvenile delinquency in China has become more and more serious.Violent crimes committed by young juveniles are frequently reported in the newspapers.However,the current criminal law is often unable to deal with them effectively.As a result,there are extreme voices such as lowering the age of current criminal responsibility in society,and judicial credibility and judicial authority are greatly challenged.In academia,there are also a lot of disturbing theoretical voices,there are vague views,scattered coping measures.In this context,it is of great practical significance and theoretical value to re-examine the current age system of criminal responsibility in China,to find out the Countermeasures for juvenile delinquency,especially for juvenile delinquency,and to respond to the voices of the public and the theoretical circles.Based on the methods of literature study and comparative study,this paper combs the theoretical basis and current regulations of the age system of criminal responsibility in China,and puts forward two core problems in the actual operation of the current age system of criminal responsibility in China,namely,the inability to deal with the growing problem of young crime,the rigid division model of "one size fits all" and the incompatibility with the fight against juvenile delinquency.Around the problem of being unable to deal with the crime of younger age,the academic circles put forward the views of lowering the minimum age of criminal responsibility,keeping the minimum age of criminal responsibility unchanged,expanding the scope of responsibility of the relative age of criminal responsibility,and perfecting the legislative mode of the relative age of criminal responsibility,etc.Around the drawbacks of the rigid division model,the academic circles have put forward the viewpoints of introducing the "malicious complementary age" rule theory and the elasticity theory.In view of the above academic viewpoints,the author presents and evaluates them systematically.Then,through the systematic theoretical analysis,the author puts forward the view that the current age of criminal responsibility should be kept unchanged as a whole.Not only should the rigid division mode remain unchanged,but also the two age nodes of 14 and 16 in the age division of criminal responsibility should remain unchanged,and focuses on the detailed demonstration of keeping the minimum age of criminal responsibility unchanged.Finally,from the two core issues,four suggestions are put forward to improve the age system of criminal responsibility: to improve the scope of responsibility and legislative mode of therelative age of criminal responsibility,to introduce the idea of smooth transition in elasticity theory around the age node,to improve the existing non-penalty measures in China,and to establish a protective punishment system by drawing lessons from foreign experience.