A Study On The Setting Of The Minimum Age Of Criminal Responsibility

Juvenile delincriminality is a difficult problem in the development process of all countries in the world,and the age of criminal responsibility is the focus of the problem affecting juvenile delincriminality.The age of criminal responsibility is the age range that the actors stipulated in the criminal law should bear the responsibility required by criminal law for their illegal and criminal acts.The minimum age of criminal responsibility in our country has a long history,and the factors that influence its setting should be introduced by history and traced back from the historical development.China's minimum age of criminal responsibility can be traced back to the Western Zhou to milk teeth return boundary,Qin Dynasty to height as the standard size,after the founding of New China to determine it as 14 years of age or older.The history and culture of different countries in the world,the basic national conditions are different,and then the minimum age of criminal responsibility is set differently.In civil law countries,Germany adheres to the value choice of the principle of the protection of minors,and Japan's minimum age of criminal responsibility is based on the influence of German and American law.And the anglo-American law countries are different,more in favor of the pursuit of formal justice,malicious complement age rules prevail.Through vertical analysis and horizontal comparison,the factors affecting the setting of the minimum age of criminal responsibility can be clarified,there are three main factors: the ethical basis of "child-care" in traditional culture,the legal basis of the identification and control ability of individual actors,the criminal policy elements of the principle of state leniency and two-way protection.Based on this mode of analysis,the three theo schools on the setting of the minimum age of criminal responsibility have been controversial in our country for a long time(reducing,maintaining and introducing the malicious age supplement rule)and re-examine the useful experience gained by the directors of hundreds of family.The current Amendment to the Criminal Law(11)makes individual reductions to the minimum age of criminal responsibility,which is a response to the reality of juvenile delincriminality.However,this provision is not yet fully in line with the needs of judicial practice.The juvenile delinquency is young and violent,especially in view of the development of rape and robbery,especially for the juvenile delinquency.Therefore,the minimum age of criminal responsibility should be reduced to the scope of application of the crime of rape(gang rape or death),robbery(death),for the problem of illness,medicine,in order to achieve the age of criminal responsibility system should be functional and value.