On The Criminal Law Regulation Of Serious Unhealthy Behavior Of Minors

In recent years,the number of serious bad behaviors committed by minors is increasing.Most minors are subjectively malicious in carrying out harmful behaviors.They plan carefully beforehand,and their means are bad,which is harmful to society.From the overall situation of society,great changes have taken place in the social background of our country at this stage compared with the beginning of legislation,which means that the factors taken into account by the age of criminal responsibility determined before have changed.Judicially,many minors have the ability to identify and control serious bad behavior.After they commit illegal acts,they can not be prosecuted for criminal responsibility because they are under the age of criminal responsibility.In practice,the effect of education and reform of the actor is not ideal,and the rate of recidivism after returning to society is higher.With the increasing trend of minors' malignant and serious bad behavior,the scientificity and rationality of the age system of criminal responsibility have been questioned.How to improve the age system of criminal responsibility in our country under the new situation has become a top priority.Some scholars believe that the existing system fully conforms to the physical and mental development of minors,and also conforms to the international age standard of criminal responsibility.The main core of the system is to improve the social civilization and strengthen the social and cultural atmosphere by means of education.However,some scholars believe that the current criminal law provisions are out of touch with the social understanding of minors' serious bad behavior,and there are great difficulties in judicial practice.Therefore,the voice of reducing the age of criminal responsibility in theory and practice is rising.However,it is unreasonable to emphasize one-sided penalty or one-sided emphasis on education and corrective measures,and the role of reducing the age of criminal responsibility alone is limited.We should change the criteria for dividing the criminal responsibility ability of minors and the mode of criminal punishment for minors,rationally adapt to the current situation of our country,formulate the principle of legally prescribed punishment for a crime,and give consideration to the protection of minors and the failure of educational purposes.The criminal responsibility system of the elderly isthe fundamental solution to the problem.This article starts with the typical cases of serious misconduct of minors in recent years,which have aroused great social controversy,and then analyses the deficiencies and shortcomings of the mode of punishment of juvenile delinquency and the age of criminal responsibility in judicial practice.At the same time,drawing on the useful experience of foreign countries,this paper puts forward some suggestions on the reasonable regulation of juvenile harmful behavior in our country and the solution of the predicament of judicial practice of juvenile harmful behavior.In addition to the introduction,this paper is divided into three parts:The first part,through the introduction of three typical cases of serious misconduct of minors in recent years,summarizes the controversial focus of the theoretical circles of criminal law and the public on the serious misconduct of minors.They are: whether age determines the ability of criminal responsibility and whether juvenile delinquency should be mitigated and mitigated.The second part analyses the above controversial focus from the perspective of criminal law,respectively from the age of criminal responsibility stipulated in the criminal law of our country,the different understanding of the age of criminal responsibility in the theoretical study of criminal law,and according to the problems existing in the judicial practice in dealing with serious minor bad acts,analyses the existing dilemma,and puts forward the existing age of criminal responsibility for minors.It is difficult to implement rigidity,lack of specialized judicial organs dealing with serious misconduct of minors,and supporting measures for Judicial Correction of minors.From the perspective of judicial practice,this paper demonstrates the defects and shortcomings of the existing criminal law in dealing with serious misconduct cases of minors.The third part,in order to remedy the deficiencies of the existing criminal law provisions,and then think about the improvement direction of the regulation of the criminal law on dealing with serious misconduct of minors and juvenile delinquency,this part of the article analyses the beneficial experience of foreign countries in dealing with juvenile delinquency,respectively,the United States,Britain,Germany and Japan of the common law system ondealing with minors.The legal provisions of crime and its practical effects.Based on this,we can draw the Enlightenment of foreign experience on our judicial practice.Based on the beneficial experience of foreign countries and the current judicial environment in China,three suggestions are put forward for the serious misconduct of minors: re-dividing the criteria for conviction and sentencing of minors' crimes,improving the penalty model for serious misconduct of minors and flexibly handling serious misconduct of minors in judicial practice.