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Research On The Decrease Of The Age Of Criminal Responsibility For Minors

Posted on:2018-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
GTID:2436330596951943Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of teenagers' criminal crime has become increasingly prominent,and the criminal means cruel,the consequences are serious,tend to adult crime.For teenagers' crime should cause the whole society's general attention and attention.How to solve the problem of teenagers' crime,whether the age of criminal responsibility should be reduced,and the follow-up education of minor offenders is a worthy topic.This paper is divided into four parts.The first part of the "research overview",put forward the problem,and detailed definition of the object of this article and set out the status of juvenile delinquency in China and the age of juvenile criminal responsibility defects.Through statistical analysis,denied some scholars and the media on China's "prevention of juvenile delinquency work to achieve significant results," China's legislation on the age of criminal responsibility for minors is flawed.Part II "International Statute and Foreign Criminal Liability Provisions",combing the international consensus on the age of criminal responsibility of minors,focusing on the United States,Germany,Japan and other countries on the criminal responsibility of the starting point of the issue,combing the national Criminal responsibility ability distinction.In the third part,the author discusses the controversy about reducing the age of minimum criminal responsibility in our country.The current juvenile delinquency presents a trend of teenagers' and vicious,but blindly reducing the age of criminal responsibility does not fundamentally solve the problem.Preventing juvenile delinquency is a systematic project that requires multifaceted,multi-disciplinary work together.To reduce the juvenile delinquency,we must find the reasons from the source.Criminal responsibility of the age of a drop again and again,and ultimately will be reflected in the life of minors can not afford the weight.Law,supervision,guidance,punishment,correction,acceptance of a link can not be less,in order to let the children of the future will not be less.The fourth part puts forward three suggestions on perfecting the age system of criminal responsibility in our country: first,it is suggested that the ability to understand the ability and consciousness should be blamed;the second is to propose to expand the content of the age of criminal responsibility;third is to propose a special Juvenile criminal law,perfect juvenile legal system.From the improvement ofjuvenile delinquency in China's punishment measures proposed five recommendations:First,refine the juvenile harm to social behavior types;the second is to establish public power-led intervention,assessment,disposal mechanism;Third,the integration of existing types Remedial measures;four is the construction of professional minor social behavior correction team;five is to build a guardian responsibility system.
Keywords/Search Tags:Age of criminal responsibility, reduce, minor
PDF Full Text Request
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