Research On The Minimum Age Of Criminal Responsibility In My Country

Children are the hope of the society and the country.The juvenile delinquency has caused a lot of social concerns.Many people are worried about the relevant situation of the minors.Because the minors are not fully mature physically and psychologically,most countries in the world will make special regulation on the protection of children's human rights.The age of criminal responsibility is a system that determines whether minors are criminally responsible and has a positive impact upon the protection of the juvenile delinquents.It is true that the criminal punishment is the severest means and is not suitable for young minors,but the minors usually do not bear criminal responsibility after committing crime,and there are no other effective ways to deal with them,this is why the issue on the minimum age of criminal responsibility has always been controversy.It has been proposed to curb the problem of juvenile delinquency by reducing the minimum age of criminal responsibility,this paper argues that it is necessary to maintain the minimum age of criminal responsibility.Meanwhile,we need improve the system of juvenile justice in our country as well,holding the principle of "educating,reclaiming,and saving" and "education more important than punishment,”and adopting effective measures that can replace the punishment to correct the juvenile delinquency.This paper consists of three parts-introduction,main body and conclusion.And the main body is divided into three chapters.The first chapter introduces the development of the age system of criminal responsibility from the initial stage to the perfect stage.The generation and development of the age system of criminal responsibility is closely related to the principle of criminal imputation,and its change and development throughout the principle of objective imputation ? the principle of subjective imputation and the principle of unity of subjective and objective imputation.This chapter also introduces and analyzes the relevant provisions on the age of criminal responsibility in China's current law and international human rights law,and uses several typical criminal cases to illustrate the controversies on the age of criminal responsibility.The second chapter focuses on the two main viewpoints of the minimum age of criminal responsibility: the view of reducing the minimum age of criminal responsibility and the view of maintaining the minimum age of criminal responsibility.The two sections of this chapter elaborate the main basis of the two kinds of thoughts.The third chapter discusses why we can not reduce the minimum age of criminal responsibility,and puts forward the comprehensive suggestions for the phenomenon of juvenile delinquency.It discusses some flaws in the age system of criminal responsibility as well and proposes some strategies for juvenile delinquency challenge-through the improvement of relevant legislation and adoption of reasonable and effective measures,we should try to correct minors and help them return to society.