Research On The Application Of Lowering The Age Of Criminal Responsibility For Minor

In recent years,China’s economy has grown rapidly.However,with the development of society,the problem of juvenile delinquency has also shown the characteristics of being young and malignant.In order to solve this problem,the legislature has lowered the age of criminal responsibility for criminal responsibility of minors,Added the content of "If a person who has reached the age of twelve but not fourteen commits the crime of intentional homicide or intentional injury,causing death or serious disability through particularly cruel means,and the circumstances are severe,and the prosecution is approved by the highest People’s Procuratorate,they shall bear criminal responsibility".After the criminal law has lowered the age of criminal responsibility,it should focus on the issue of judicial application.Through case analysis and thinking in combination with the legislative will,the rules of legal fiction applicable to young juvenile delinquency ’crimes should strictly follow the principle of a legally prescribed punishment for a specified crime in the criminal law,require the law to clearly define the scope of crimes applicable after the downgrade,highlight the particularity of minors who are still in the growth stage in assuming criminal responsibility,and strictly grasp the cognitive ability of minors;The understanding of the standard of abominable circumstances applicable to young juvenile delinquency ’crimes should start from the principle of subjective and objective consistency.It should not only consider the motivation and purpose of the perpetrator at the time of the crime,but also investigate factors such as criminal means and targets used by the perpetrator,and comprehensively evaluate to achieve the purpose of strict application.Whether minors have the ability to identify and control their own behavior,The determination of criminal responsibility capacity should not only be based on physiological age as a defining criterion,but also consider the individual psychological maturity of minors,and address the issues arising from the gap between legal provisions and different minors;The lowering of the age of criminal responsibility of minors has limited scope of application.The concept of protecting minors should not be reflected in the minors who commit crimes.Most of the victims are also minors,and their rights and interests also need to be protected.Juvenile laws should balance the relationship between protection and punishment,and appropriately expand the scope of crimes applicable to minors after the lowering of the age of criminal responsibility.The problem of juvenile delinquency still needs to adhere to the general direction of education and protection.Criminal punishment of delinquent minors is also a way of crime prevention.Wide range and strict standards can better combat and prevent juvenile delinquency.