Studies On Lowering The Minimum Age Of Criminal Liability

The amendment(XI)to the Criminal Law reduced the provisions of the minimum criminal responsibility age and caused a violent dispute over the minimum criminal responsibility age between the nation and the academic community.The revision of the amendment(XI)to the Criminal Law has a positive meaning and has a negative meaning.However,the amendment to the amendment(XI)to the Criminal Law pays more attention to the voice of the public and the society,and to a certain extent ignores the relevant considerations of setting the minimum age of criminal responsibility,which is an irrational trend of echoing public opinion.The controversy over the minimum criminal responsibility age setting has not been suspended since the age of 14 has set the minimum criminal responsibility age in1979,but the existing findings cannot be reasonably answered to this dispute.The distinction between adults and adults is that the development of wisdom is immature compared with adults,and therefore it is decided that the criminal prosecution system is different from the adult for the crime of the minor.Therefore,when setting the minimum Criminal Age of age,you should consider the root cause of the minor crime and look at this issue from the root of the psychology and biology.From the viewpoint of psychology,we investigate the basis of the difference between minors and adults from the viewpoint of psychology,and then investigate the essence of criminal responsibility from the viewpoint of criminal law.Finally,the setting of the age of criminal responsibility for minors in the system of age of criminal responsibility is placed in the legal system.The degree of rationalization of the minimum criminal responsibility age is considered fully from the three aspects of legislation,the interpretation of criminal law,the self negotiation of the criminal law system,and the choice of legislation technology.It is not a natural choice to lower the age of minimum criminal responsibility,but the way to lower the minimum criminal responsibility age of amendment(XI)to the Criminal Law is to a certain extent,neglecting the psychology and biological consideration which should be set to the minimum criminal age,and neglecting the essence of the criminal responsibility ability.It also violates the principles and policies of juvenile delinquency in our country.The interpretation of the penal code and the confusion within the criminal law system bring about a logical error.At the same time,we are not equipped with legislative technical conditions that are resilient and lower the age of criminal responsibility.