Study On The Reduction Of The Age Of Juvenile Criminal Responsibility

Juvenile crime has always been the focus of every country’s criminal legislation.Minors are the backbone of the country’s social development in the future.It is one of the focuses of the Party and the government to guide them to grow up healthily in body and mind and devote themselves to the socialist modernization construction.Therefore,the legislator has always taken "education" as the principle of prudential attitude to regulate the relevant legislation of minors.But recently,the frequent exposure of juvenile delinquency cases caused a public outcry.The academic circle has long called for lowering the age of criminal responsibility and tried to deter juveniles from breaking the law and committing crimes with the most mandatory punishment.But this kind of direct change crime constitution element element is worth discussing,the enlargement of crime main body needs to be cautious,needs to pass the strong necessity and the feasibility demonstration.In view of this,this paper tries to study the age of criminal responsibility system to discuss the choice of adjusting the age of criminal responsibility and the regulation of juvenile delinquency.The first chapter sums up the present situation of juvenile delinquency and the regulation inside and outside the region.First of all,according to the typical cases of juvenile delinquency frequently exposed in recent years,the characteristics of juvenile delinquency are sorted out,which lays the foundation for the rationality and pertinence of the subsequent reform system and the individualized conception of solutions.Secondly,this paper combs out the domestic and foreign legislative models for the age of criminal responsibility,as well as the treatment system for juvenile crimes,to discuss whether the provisions of the minimum age of criminal responsibility in the Criminal Law of China are in line with the international trend,and to provide literature support for the study of the introduction and reference of punishment mechanism.The second chapter analyzes the scientific nature of the new system and the reasons why juvenile delinquency has the above-mentioned characteristics.Firstly,the feasibility and rationality of the two mainstream new systems are analyzed.First,the relevant provisions of the 11 th Amendment to the Criminal Law,which uses the most severe legal evaluation system,highlight the legislators’ ardent expectations for preventing juvenile delinquency and correcting their behaviors with serious social harm.Therefore,in order to further examine the function of lowering the age of criminal responsibility and investigate whether the legislator’s legislative purpose is lost,this paper mainly discusses its matching with the function of penalty prevention.Second,it analyzes the compatibility between the malice compensatory age system and China’s criminal law system.In view of the introduction of the system in recent years,it is necessary to comprehensively analyze whether it is competent for the role of gatekeeper of juvenile delinquency and whether it has local reference significance from the perspective of the system itself and our criminal law system.Secondly,it analyzes the essential causes of juvenile delinquency from the perspective of social factors,and proves that the adjustment theory does not match the essence of the problem from the negative perspective,so as to respond to the call of adjusting the age of criminal responsibility,and also provides guidance for the effectiveness and rationality of the subsequent measures for the rectification and system construction.The third chapter expounds the viewpoint of maintenance theory and its rational basis,and puts forward the measures to perfect the prevention of juvenile delinquency.First of all,this chapter mainly discusses the criminal policy,the juvenile crime prevention concept,the theory of penalty purpose,and introduces the positive criminal law view to respond and criticize the adjustment theory.This chapter aims to explain from a positive perspective that the theory of maintenance can meet the legal requirements to prevent juvenile delinquency,and there is no obvious defect in the legislation,so as to draw out the auxiliary improvement plan in the implementation and criminal law doctrine.Secondly,under the background of the relevant provisions in the Amendment to Criminal Law(XI),the author discusses the ways to perfect the relevant systems.First,on the premise that the age of criminal responsibility has been adjusted in the Amendment to Criminal Law(XI),the juvenile delinquents are classified by the capacity to be punished,and the corresponding legal leniency is adopted to make up for the failure of the concept of juvenile delinquency protection and the criminal policy.Secondly,we should actively play the due role of special correction education,break the weak implementation of the existing preventive measures,and put forward targeted suggestions for the application and improvement of the special correction education system,in order to play the due role of education and correction.