| In recent years,there have been frequent malignant incidents of younger minors in China.The age of minors in these incidents is generally lower than 14 years old.Most of the activities carried out include serious acts such as intentional homicide,intentional injury,serious injury or death,and robbery.Although the number of these cases is not large in general,most of them have serious consequences such as serious injury or death,which cause extremely bad social impact.In addition,the current law cannot effectively deal with it,and it is impossible to punish the perpetrators,and it is impossible to protect the rights and interests of the victims.This has further intensified social conflicts.According to the reality of our country,this article proposes a countermeasure against the bad behavior of the criminal law in violation of the Criminal Law for minors under the age of fourteen,that is,the localization of malicious tonic age rules.Based on the overall introduction and evaluation of the malicious supplementary age rules,based on the original rules,the article draws on the useful experience of modernizing juvenile delinquency,integrates the modern rule of law concept and the spirit of leniency and strictness,and seeks “punishment”and “protection”.The balance is balanced,educated and saved on the basis of respecting the particularity of minors.The article also deals withthe legal proposals and solutions proposed by other scholars to solve the malignant incidents of younger minors,such as reducing the starting point of criminal responsibility and using the juvenile justice system.The article combines the development level of China’s social,economic and legal systems.This is a horizontal comparison to demonstrate the advantages of the malicious complement age rule in dealing with the malignant events of younger minors.At the same time,the data statistics and analysis methods are used to demonstrate the current situation and development trend of juvenile delinquency,and on this basis The necessity and feasibility of applying this rule in China.Finally,through comprehensive analysis,based on the existing criminal legal system,the recommendations of the design of the rule system are initially proposed,including the applicable principles,applicable subjects and scope of the case,the method of identification,the standard of proof and the improvement of the penalties of minors.In this way,we can make up for the legal loopholes in China that cannot solve the malignant incidents of younger minors,realize the function of punishing crimes and safeguarding human rights,and achieve the purpose of alleviating social contradictions and maintaining social stability. |
