The Judgment And Cognizance Of The Age Of Criminal Responsibility

The age of criminal responsibility is related to the discharge and admission of a crime,the lesser punishment and the mitigation of punishment,the collection and judgment of evidence,the application of evidence rules,the cognizance of facts.The age of criminal responsibility is not only a matter of substantive law,but also a matter of procedural law.The purpose of judging the age of criminal responsibility is to determine the elements of crime.The age of criminal responsibility will eventually be suspected of the implementation of the juvenile criminal policy and the elderly criminal policy,which is related to the implementation of the principle of modesty in criminal law and the criminal humanitarian policy.The jud gement of whether the criminal suspect and the defendant have reached the corresponding age of criminal responsibility is based on the sufficiency,authenticity and objectivity of the evidence.When there is no doubt about age evidence,most cases only hav e household registration data,which is reasonable and can be presumed that the perpetrator has the corresponding criminal responsibility ability.If the evidence of age is contradictory,the parties raise objections,or the judicial staff have reasonable doubts about the existing evidence,the evidence should be reinforced.If the parties raise objections and have a clear claim,the parties have the burden of proof.In practice,if the evidence is contradictory,it should not be dealt with vaguely.We shou ld correctly understand and apply such evidential rules as "Who advocates the principle of proof " and "Benefiting the defendant in the case of Su".Either the determination of reaching the age of criminal responsibility or the determination of not reachin g the age of criminal responsibility should be made.