Research On The Minors Criminal Responsibility Age System In China

Since the twenty-first century,our country’s economy has developed rapidly.While providing more high-quality conditions for the growth of minors,the trend of younger and violent crimes among minors has become more obvious.This situation has aroused widespread concern from scholars from all walks of life.The legal circle has also questioned the advanced nature of the criminal responsibility age system for minors in our country.Many different views and theories have been generated regarding the issue of whether the minimum criminal age is lowered.The "Criminal Law Amendment(11)" made this controversy a preliminary conclusion.It revised the age of criminal responsibility for minors,lowered the minimum age of criminal responsibility from fourteen to twelve,and built some supporting facilities.Other systems.However,how to effectively implement these systems in practice still needs to be further studied and interpretatively specific.In addition,whether the current legislation on the Minors Criminal Responsibility Age System is complete,still needs to be further discussed in the legislative theory.First of all,starting from the theoretical basis of the age system of criminal responsibility for minors,through qualitative analysis,the relationship between the age of criminal responsibility and the capacity for criminal responsibility is clarified,the significance and basis of dividing the age of criminal responsibility,and the most important thing when judging minors to bear criminal responsibility.The main considerations.Although the Criminal Law Amendment(11)amends the age system of criminal responsibility for minors in my country,there are still some problems in terms of legislation and interpretation.By studying the white papers on juvenile delinquency issued by courts at all levels,academic opinions on juvenile delinquency,and the status of juvenile delinquency,it can be concluded that the current system of juvenile criminal responsibility in our country has the following shortcomings: 1.,There are deficiencies in the provisions on the minimum age of criminal responsibility.2.The setting of crimes relative to the age of criminal responsibility is unreasonable.3.Provisions that fail to fully consider the criminal circumstances of minors under the age of twelve.Fourth,the correctional education system is not yet complete,and it has not played a good role in promoting the implementation of the age system of criminal responsibility for minors.5.Lack of means to determine the actual age of minors.Therefore,the legislation needs to be considered more meticulously and more advanced.In order to solve the deficiencies in the age system of criminal responsibility for minors in our country,this thesis internalizes the successful experience of relevant systems for minors in other countries(regions) to improve the age system for criminal responsibility for minors in our country.For example,the "malicious supplementary age system" in the Anglo-American law system,the French "criminal minors’ hierarchical treatment system",and the correctional education systems in Hong Kong and Taiwan in my country can all provide for the perfection of the age system of criminal responsibility for minors in my country.Useful experience.In the end,the thesis puts forward corresponding solutions to the shortcomings of the current system based on the actual situation of our country,legal culture and relevant experience of other countries and regions.First,improve the relevant regulations on the minimum age of criminal responsibility.Expand the scope of criminal liability for minors in the minimum age of criminal responsibility,clarify the criteria for determining the aggravated circumstances,the application of the fictitious circumstances of the crime of intentional homicide and the crime of intentional injury,and the procedures for prosecution approved by the highest prosecutor.Second,increase the number of criminal acts in the relatively criminally responsible age group,and include other criminal acts higher than the eight types of criminal acts stipulated in the original law into the scope of accountability for juvenile criminal perpetrators of this age group.Third,introduce a system of malicious supplementary age to make up for the legal vacancy of vicious criminal offences for minors under the age of twelve.Fourth,clarify the correction education stipulated in the fourth paragraph of Article 17 of the Criminal Law.Fifth,establish a bone age identification system to determine the actual age of the juvenile criminal perpetrator.While solving the problem,we must pay attention to distinguish the difference between minors and adults in order to achieve a balance between social and legal effects.