Research On The Leniency System For Senior Citizens’ Crimes In China

With the increasing number of elderly people in China,the number of crimes committed by the elderly in China will increase in the future for a long time.In the field of criminal law,it has been controversial whether a special penal system is applicable to crimes committed by the elderly,and even debates about whether the crime of the elderly should be lenient.According to the criminal legislation tradition of the ancient Chinese"old and old-fashioned children",it is indeed necessary to impose a lenient punishment on the crimes of the elderly,which is also in line with the legislative environment of the international criminal legislation on the relaxation of punishment.In the Eighth Amendment to the Criminal Law,which was enacted in China in 2011,the historical stipulation of the penal system for the crime of the elderly was the first time,which is a major step forward in China’s criminal legislation.However,after analyzing these regulations and referring to the relevant literature,it is found that there are still defects and deficiencies in the criminal law of the criminal law in China.China’s criminal law adopts the absolute same standard in the age setting for the treatment of the crimes of the elderly,that is,75 years old,in which the crime of the elderly is set from the beginning of the age of the broad punishment,and the time of the elderly is subject to the conditional prohibition of the death penalty.The problem,as well as the age at which the probation applies,is yet to be examined.It is necessary to elaborate on whether it is reasonable to prohibit the application of the death penalty for the elderly who meet the age conditions.In addition to the analysis of the existing lenient system,the research process also found that the criminal law of our country is not sufficient for the crime of sentencing and punishment enforcement for the crime of the elderly,such as the application of recidivism to the crimes of the elderly,the current criminal law adopted in China The default attitude,such a rule has conflicted with the spirit of legislation,and there is also a lack of a system designed for the elderly to meet the special physiological functions of the elderly.Based on the reasons of the crime of the elderly,combined with the historical tradition of criminal legislation and the spirit of contemporary criminal legislation,this paper tentatively puts forward suggestions for perfecting the system of juvenile crimes in China.First reduce the age baseline for the punishment of crimes against the elderly and adopt different degrees of lenient punishments for the elderly at different ages.Second,on the issue of the application of the death penalty for the elderly,it is recommended to relax the application of the prohibition for the elderly.The standard of death penalty;thirdly,it is necessary to expand the scope of probation for the crime of the elderly,fourth,establish a system for prohibiting the application of recidivism to the elderly;fifth,the special penalty enforcement system for the elderly that has not been prescribed at the present stage of the criminal law in China,Relax the conditions for commutation and parole for older persons.Through the methods of historical analysis,comparative analysis and hermeneutics,this paper analyzes and demonstrates the problems of the criminal law of the elderly in China’s current criminal law,and attempts to propose solutions to promote the construction of the criminal system of the elderly in China.