A Study On The Age System Of Criminal Responsibility Of Minors In China

in recent years,with the continuous development of society,the problem of minor crime in our country has become one of the focal points of social development.According to the judicial big data,the juvenile crime in our country has the characteristics of being young and violent.And the number of crimes is increasing day by day,and the forms of crime are also diversified.At the present stage,as a result of the incessant exposure of minor malignant crimes,and there are many objective facts in judicial practice that minor criminals have escaped legal sanction because they have not reached the minimum age of criminal responsibility set by the criminal law.It leads the public to question the age system of criminal responsibility in the criminal law of our country.Except for the public's criminal responsibility In addition to the appeal for revision of the age system,many scholars in the field of law have questioned whether the system setting of the age of criminal responsibility is still in line with the current social development.In academia,for the minimum age of criminal responsibility in China,There are mainly lowers,maintenance,elasticity,and improvement to say these four points of view.As for the scope of criminal responsibility of minors,there are also charges,the controversy of the theory of crime,And in judicial practice,the scope of responsibility of minors of the relative age of criminal responsibility is eight kinds of charges or eight kinds of acts,and there are contradictions in interpretation given by various organs at one time,which also leads to the existence of such juvenile crimes in judicial practice.One of the main factors in the phenomenon of a large number of different sentences in the same case.In view of the status quo of juvenile delinquency,social influence and judicial disputes,the author believes that the study and reflection on the age system of juvenile criminal responsibility in China is of realistic and research value.In this paper,the author mainly through the comparative study of writing methods,based on the issue of juvenile delinquency as the starting point,mainly from the foreign juvenile criminal responsibility age system,the current trend of juvenile delinquency in China,two aspects,To demonstrate and analyze the problems and shortcomings of the age system of juvenile criminal responsibility at the present stage of our country,and suggest that the criminal responsibility of our country should be put forward.At the same time,it is suggested that the scope of criminal responsibility referred to in article 17,paragraph 2,of the Criminal Law of our country should be made clear,so as to avoid arbitrary interpretation of the criminal law that damages the legitimate rights and interests of minors,and at the same time to protect the stability of the criminal law.An authoritative demand.At the same time,the study and improvement of the age of criminal responsibility and the scope of criminal responsibility of minors to solve juvenile delinquency are only one aspect of solving juvenile delinquency.Therefore,in addition to legislation,it is necessary to keep pace with the times.We must learn more from the mature experience of western countries to improve the juvenile justice system in our country,and we must pay attention to crime prevention and punishment.