A Study On The Age System Of Criminal Responsibility Of Minors In China

The age system of criminal responsibility of minors is closely related to the criminal responsibility of minors and the application of penalties,and it is an important system to deal with the problem of juvenile delinquency.Before the promulgation of the criminal law amendment(11),the rigid legislative provisions of the juvenile criminal responsibility age system in our country were controversial.The amendment breaks through the rigid legislative model across the board,reduces the starting point of the minimum age of criminal responsibility with conditions and procedures,changes some of the crimes of criminal responsibility relative to the age of criminal responsibility,adds new regulations for correction and education,and adjusts the relevant contents of the system of the age of criminal responsibility for minors.The main reasons behind the adjustment include the trend of juvenile delinquency becoming younger and gangster,the frequent occurrence of malignant juvenile crime cases,and the result of too light punishment may indulge juveniles to continue committing crimes.To a certain extent,the revised juvenile criminal responsibility age system can effectively deal with the occurrence of malignant crimes of young minors.However,this flexible system may still face a series of challenges in the specific application process.These challenges are as follows:First,the specific application conditions of the minimum age of criminal responsibility flexibility are not clear,and a complete approved prosecution procedure has not yet been formed,and there is a large space for discretion;Second,the scope of criminal responsibility of people of relative criminal responsibility age is limited,which can not effectively deal with the diversified crimes of young minors;Third,the effect of ordering discipline is very little,and the education and correction measures can not play their due role.Based on the comparative study of the relevant experience of the system in Hong Kong,Macao,Taiwan and other countries,we can further improve our juvenile criminal responsibility age system from the following aspects to promote its effective operation.At the legislative level,we should further clarify the specific application conditions of the minimum age of criminal responsibility;Expanding the scope of criminal responsibility of people of relative criminal responsibility age;Formulating the special juvenile criminal law in the appropriate conditions.At the legislative level,we should clarify the responsibility of correction education of Guardians;strengthening the connection and linkage between the various corrective education measures;and it is necessary to establish a professional team for the correction of minor crimes.