| In recent years,there are many reports of serious malignant behaviors of young minors in the news media.Due to the fact that they are under the age of criminal responsibility,and the treatment measures for such minors fail to play a role in China,they can only be released finally.This result causes strong opposition from the public.They think that the age of criminal responsibility in China has not adapted to China’s national conditions and should be reduced,In order to deal with the phenomenon of low age crime.This paper is divided into three parts,five chapters.The first part is the introduction of the case and the analysis of the controversial views.Through the appalling murder of minors in 2019,it leads to the current controversy about the age of criminal responsibility in China,that is,whether the minimum age of criminal responsibility should be reduced or maintained unchanged.The second part is the analysis of the current situation and causes of the malignant behavior of minors in China.The third part is the third to the fifth chapter,which analyzes the essence of the age of criminal responsibility,the purpose of punishment and the application of criminal policy,and expounds the reasons why China should maintain the age of criminal responsibility.The theoretical basis for determining the age of criminal responsibility is the ability of identification and control,but at present,there is no evidence to prove that the overall ability of identification and control of minors in China has been improved,and the lower limit of the age of criminal responsibility is also a comprehensive mandatory regulation of multiple factors,not a number that can be changed at will,and can not be changed at will without sufficient evidence and reasons.Secondly,the purpose of penalty includes general prevention and special prevention,but the purpose of penalty is different for different subjects.For young minors,the role of special prevention should be more important than general prevention.Although the punishment of minors can reduce crime to a certain extent,from the perspective of special prevention,the disadvantages outweigh the advantages,and it is easy to lead to cross infection,labeling and other adverse consequences.Finally,China’s criminal policy for minors "education first,punishment second" is reasonable,we should adhere to it,but in recent years,we overemphasized protection,and went into a misunderstanding.All in all,through the analysis of the above three aspects,it is concluded that the lower age limit of criminal responsibility in China cannot be lowered temporarily. |
