Research On Lowering The Age Of Criminal Responsibility

At present,the situation of juvenile crime is very serious in our country,young teenagers under 14 years of age on the implementation of violent crime is often beyond their age news reports,crime,younger age trend obvious increase in the number of violent crime,not only harm the people's personal and property safety,and in mental and psychological level,gives the public the bad social influence,constantly challenging public tolerate the bottom line,for young crime triggered a debate about the whole society to reduce criminal responsibility age.The serious situation of the current our country juvenile crime,reflects the many problems existing in the current criminal responsibility age in our country,mainly for young teenagers under the age of 14 increase in the number of crime quantity cause the minimum criminal responsibility age of 14 years old from the current social reality,the current criminal law for young lost the vicious crime deterrent effect,less than 14 years old young boy intentional crime is not punished cause bad social influence,existing the punishment measure of criminal teenagers failure,and legal responsibility for the juvenile criminal guardian need not lead to problems such as lack of supervision.The phenomenon of juvenile delinquency with a younger age has caused a long-standing debate between the "maintenance theory" and the "reduction theory" of the age of criminal responsibility.Supporters of maintenance theory believe that juvenile crime is "wrong" rather than "evil",reducing the age of criminal responsibility has the suspicion of shifting responsibility,the prevention of juvenile crime needs the school,the family and the society to unite,comprehensive governance.Reduce theory,supporters say,young minors have the ability of a crime,the criminal responsibility age system lack the protection of the victim,reduce the criminal responsibility age is short time momentum of curb juvenile crime and the protection of the victim's real need,and the punishment is a kind of education,effort and can achieve the result of crime prevention.Support to reduce the criminal responsibility age point of view,this paper think that reduce the criminal responsibility age is the necessity,feasibility,through a large amount of data and practical cases for practical reasoning,to reduce the criminal responsibility age provide strong theoretical basis and empirical data support,at the same time for the problem of juvenile crime carried solution and perfect Suggestions.In terms of legislation,it is suggested that the age of criminal responsibility be adjusted from 14 to 12,and that the provisions on legal responsibility of the first guardian of juveniles be supplemented.In terms of justice,it is suggested to build a perfect system for dealing with juvenile crimes,establish a system of graded punishment for minors under 14 years old,establish specialized institutions for juvenile detention and rehabilitation,and expand the application scope of the system of sealing up records of minor misdemeanors.Is the main point of this article to reduce the lower limit of criminal responsibility age,adding teenagers first guardian legal responsibility,perfect the corresponding security measures at the same time,to advance the education of the prevention and afterwards the punishment principle of punishment,both hands to hard,to promote the education of teenagers and save,better play to the criminal law of deterrence,alert teenagers,make them the law have a heart of fear,dare not easily to crime,which contain the severe situation of juvenile crime,protect the legitimate rights and interests of victims,to maintain social security and stability.In addition to the abstract,introduction and conclusion,the full text is about 46,000 words,divided into four chapters.This paper mainly studies the problems,reduce the criminal responsibility age design aspects,first of all,starting from the current our country the serious situation of juvenile delinquency,raises the problems existing in the current criminal responsibility age system in our country,the outstanding problem of juvenile crime is carried out,lead to the age of criminal responsibility is to reduce all kinds of disputes;Then,on whether the age of criminal responsibility is reduced a variety of disputes and opinions,elaboration,evaluation and analysis,and express their own views and reasons.After collecting a large amount of data,charts and actual case studies,as the material of practical demonstration,through the integrated use of data analysis,comparative analysis,logical reasoning,case analysis,etc.,comprehensive practice of reasoning,to reduce the necessity of the criminal responsibility age with the empirical data,a detailed analysis and summary,in order to reduce criminal responsibility age provides powerful data empirical basis;Finally,the feasibility of reducing the age of criminal responsibility is discussed.The first chapter summarizes the juvenile delinquency,lists the data realistically,draws the chart,through the graphic and graphic way,discusses the current situation of juvenile delinquency in detail,and summarizes the existing problems of the age system of criminal responsibility in our country.The second chapter elaborates the dispute of whether the age of criminal responsibility should be lowered and the two viewpoints of "maintenance theory" and "reduction theory" respectively,expresses the viewpoint and reason of supporting the age of criminal responsibility reduction,and refutes the viewpoint of maintaining the age of criminal responsibility.The third chapter is the necessity of lowering the age of criminal responsibility and the empirical data.The necessity of lowering the age of criminal responsibility and the empirical data are demonstrated in detail to provide a strong theoretical and empirical basis for lowering the age of criminal responsibility.The fourth chapter is about the feasibility of reducing the age of criminal responsibility of minors and Suggestions for improvement.From the aspects of legislation and judicature,this paper puts forward the corresponding Suggestions,and elaborates the reasons for the Suggestions and the specific operational measures,so as to provide solutions and references for the problem of juvenile delinquency.