The Restriction Of Criminal Code On The Age Of Criminal Responsibility

In recent years,the exposure of juvenile vicious violence cases has triggered a heated public discussion on the age of criminal responsibility.Scholars have launched a debate on the issue of adjusting the age of criminal responsibility.However,both sides of the dispute have failed to reach a consensus on this issue.The reason lies in that the basic reason of argumentation belongs to criminology,criminal policy,psychology or other disciplines.Standing on their respective field arguments,there is naturally rationality,so they can’t convince each other.That being the case,there is a clearer direction to discuss the age of criminal responsibility from the criminal code itself.The age of responsibility is clearly stipulated by the criminal code,which will naturally be restricted by the criminal code.To make sure that what kind of restriction does the criminal code have on the age of responsibility,It has a positive guiding significance for rational choice of responsibility age.Based on this,this paper takes the relevant provisions on the age of criminal responsibility in ancient and modern Chinese and foreign criminal codes as the research object,demonstrates and analyzes the restriction of the criminal code on the age of criminal responsibility,on this basis,re interprets and prospects the age of criminal responsibility in China,in order to provide reference for effectively solving the problem of juvenile delinquency.The first part analyzes the historical evolution of the age of criminal responsibility in China.From the time dimension,this paper combs the legislative provisions on the age of criminal responsibility in ancient,modern and the contemporary age.The second part investigates the age system of criminal responsibility in foreign countries.This paper analyzes the age system of criminal responsibility in several representative countries of civil law system,common law system and socialist law system.The third part studies the identification mode of criminal responsibility.In modern criminal law,the ability of criminal responsibility is mainly judged by age and mental state,supplemented by physiological function.The fourth part analyzes the characteristics of the age of responsibility system in China’s criminal code.The specific performance is the age centered legal fiction,the felony centered criminal mode,and the free penalty based responsibility.The fifth part discusses the restriction of the criminal code on the age of criminal responsibility from three aspects: the concept of crime,the penalty system and the non-penalty system.The sixth part,on the basis of defining the constraints of the penal code on the age of responsibility,reinterprets and looks forward to the age of criminal responsibility in China.Generally speaking,this paper discusses the issue of adjusting the age of criminal responsibility from the perspective of the criminal code itself,so that the research has a clear direction,but also provides a new perspective of understanding.The analysis path takes the age system of criminal responsibility in ancient and modern criminal codes as the research object.Finally,it comes to the conclusion that the current criminal code has no equal penalty system and non penalty system,and the reduction of the age of responsibility is still worthy of reflection.However,based on the stability of the law,on the one hand,it puts forward a lot of attention to the judicial application of paragraph 3 of Article 17,on the other hand,it thinks that building a complete juvenile justice system is the right way to deal with the crime related problems of young minors...