The Research On The Criminal Responsibility Of The Criminal Old People

Our country has entered the aging society at the end of the20st century, China is not only the most populous country in the world, is the world’s most populous country of elderly population. With the advent of the aging society, the number of elderly crime shows an increasing trend. But because the elderly community itself has some characteristics, which to regulation on the crime of criminal law regulation should also has its own special place. This paper, which is based on the latest criminal law amendment eight, first introduced the provisions of the criminal liability about the elderly in the amendment, fully affirmed its positive significance and pointed out that some of these shortcomings. The weaknesses are also the problem about the current criminal responsibility on the old man in our country.By investigating the history of criminal law about the elderly in our country, special provisions have been from the earliest records of the western zhou dynasty back to modern criminal law, we find that all the regulations related to the elderly criminal responsibility, experienced a process from rough to perfect, scientific and reasonable. Compared the elderly with young people, due to the elderly crime have their special reasons and characteristics, so the regulations about their responsibility should also be different from other criminal offence. The possibility of crime and the elderly person risk is lower compared to the adults, the ability to bear the penalty compared with the average adult is weak, so lenient punishment for the elderly crime also has become a general consensus around the world.The author thinks that the old people in the age of60and70as the boundary points are divided into different age stages respectively applicable "can" and "should" be given a lighter or mitigated punishment. For people over60applicable system of absolute from death. Legislators should also set up more liberal and diversity of mitigation crime to be applied in this special group of the elderly.