Legislative Defects And Perfection Of The Provisions Of The Criminal Law Of China On Age For Criminal Responsibility

The age for criminal responsibility is one of the important factors that determine whether and how great criminal responsibility a doer should undertake. It is the very important content in the theories of the Criminal Law of China; however, there exist many defects in the provisions of the Criminal Law of our country on the age for criminal responsibility, so the author presents the suggestions of perfecting them. The paper is divided into three parts.Part 1 is the general of the age for criminal responsibility. First, the history of legislation of criminal age is introduced. Second, the concept and division of age for criminal responsibility are dealt with. The division of age for criminal responsibility has dichotomy, trichotomy and quartation and our country adopts quartation, that is, age for absolutely no criminal responsibility, age for relatively criminal responsibility, age for completely criminal responsibility and age for leniently handled responsibility.Part 2 deals with the legislative defects of the provisions of Criminal Law of our country on the age for criminal responsibility. The legislative defects of the provision of Criminal Law of our country on the lower limit of the age for criminal law are first dealt with. The first is the analysis of cases of minor crimes and the second are the reasons for decreasing the lower limit of the age for criminal responsibility, including the following four aspects. First, the current age for criminal responsibility of our country is consistent with the national situation when it was established. Second, the minor have the capability of discriminating what is legal or illegal and self-control. Third, with the high-speed development of science and technology, the parents emphasize the education of children at the earlier ages. Fourth, there is lack of strength of precautions against the crimes of the minor under 14 years old in the Criminal Law of our country. The second are the legislative defects of the Criminal Law of our country on the age for relatively criminal responsibility. First, the applicable standards of criminal responsibility of the age for relatively criminal responsibility. Second, the legislative defects of...