On The Lenient Punishment To The Special Groups

As the social vulnerable groups, the senior citizens and juveniles have its unique physical and psychological constructions. It is the reason that we give the senior citizens and juveniles special protections. Although there are few provisions of specialized lenient punishment of crimes against juvenile and the senior citizens in the Chinese Criminal Law Bill for Amendment Eight, these efforts to protect them are not enough. This paper focuses on the insufficient problems of the amendment from the perspective of the trend of international legislation and makes a few suggestions for improvement.In the first section, the description provides theory with the lenient punishment to the special groups. It can be divided into three parts. They are as follows:modest of the criminal law and the characteristics of special groups and temper justice on the mercy criminal policy basis. It proves a positive meaning of the amendment and points out its inadequacies. For example, the applicable recidivism excludes juveniles other than the senior citizens.The second part is about the extra-territorial comparison. Under this description, the paper draws the conclusion that we should learn from the lenient punishment in extra-territorial areas. These descriptions are as follows:exemption from punishment, limitation to the death penalty and life imprisonment application. The third part is the inadequacies of the Chinese Criminal Law Bill for Amendment Eight on the basic analysis of the first three chapters. Clemency efforts need to be strengthened because of the single legislative object and contents dispersion. At last, this paper puts forward to improve legislative object and mode to the senior citizens and juvenile. The specific suggestions are as follows:application to life imprisonment and lenient punishment to the commutation. It has important historical and practical significance which is not only consistent with the traditional virtues of our country, but also a major step forward towards the legislative trend of international criminal law. In the end the author puts forward to their own initiatives:it is a systematic project of the lenient punishment to the senior citizens and its construction is also contributed to the progress of society as a whole level of civilization. Only the whole society takes on this responsibility and establish good habits of a people-oriented could we set a complete set of special groups of the penal system hereby contributing to the soundness of our legal system.