The Necessity And Conception Of Establishing The Rule Of Malicious Complement Age In The Criminal Law Of Our Country

In order to deal with the current situation of frequent malignant crimes of young minors,China formally adopted the Amendment(XI)to the Criminal Law on December 26,2020,and separately lowered the age of criminal responsibility,that is,with the approval of the highest inspection,some of the criminal responsibility of minors aged 12-14 can be investigated.The procedural restriction on the investigation of criminal responsibility at the age of 12-14 seems to give the supreme prosecution discretion,which in essence does not completely solve the problem of the rigid age of criminal responsibility.This provision does not specify the criteria for the approval and prosecution of the supreme procurator.if the requirements of "intentionally committing the crime of intentional injury,causing death or causing serious disability caused by serious bodily injury by especially cruel means,the circumstances are execrable",minors aged 12-14 who have committed similar acts,whether or not in fact have the ability to commit criminal responsibility,are easily investigated for criminal responsibility "across the board" under the influence of public opinion.Therefore,it is necessary to establish the age rule of malicious supplement,and it is necessary for the legislature to make a legislative interpretation or a joint judicial interpretation by the highest judicial organ to establish "malice" as the standard of whether to approve prosecution or not,as well as the standard of trial.Based on the "malicious" expression of the young minors in the case,it is deduced that their actual psychological age is proved to have the ability of criminal responsibility,and then their criminal responsibility is investigated.The establishment of this rule not only embodies the principle of "adaptation of crime and punishment",but also implements the criminal policy of "education as the main factor and punishment as the auxiliary",so as to protect the rights and interests of children and adolescents as much as possible.First of all,this paper clarifies the connotation and intention of the rule through the investigation of the historical origin and application status of the rule of maliciously making up for the age rule.Then,through the discussion of the legal function and value of the age rule of malicious supplement,combined with the deficiency of reducing the age of criminal responsibility in the Amendment(XI)to the Criminal Law and the need to balance the legal interests of minors and society,it is necessary to demonstrate the necessity of establishing the age rule of malicious supplement in our country.Finally,based on the current situation of juvenile legislation and legal interpretation in our country,the content of the rules is improved accordingly,and the way to establish the rules is put forward.The Age is not only a good way to solve the problem of juvenile delinquency,but also a higher requirement for the construction of juvenile justice system,and is the driving force of juvenile criminal justice reform.