论老年人刑事责任的立法完善（on the legislative perfection of criminal responsibility of the elderly）

1、论老年人刑事责任的立法完善（On the legislative perfection of criminal responsibility of the elderly）On the legislative perfection of criminal responsibility of the elderlyAuthor: Hu Dongjiang release time: 2010-05-14 11:16:08Abstract: the elderly crime has its particularity, mainly in the adult into the elderly stage, the ability to identify themselves will greatly decline, and thus make social and criminal offenses. Chinas criminal law takes into account the physiological and psychological particularity of m

2、inors, and stipulates the principle of lenient punishment for minor crimes, but does not specify the special criminal responsibility of the elderly crime. It seems to be imperfect. In this paper, according to the provisions of the criminal law at all times and in all countries, and puts forward his own opinion for the elderly crime conviction, sentencing and execution of punishment.Key words: the elderly crime, criminal responsibility, punishmentIntroduction: it is reported that in April 18, 200

3、9, the Xinjiang production and Construction Corps, Shihezi total three breakout two even 83 year old Wu Qingzheng him with a wrench and a shovel to kill his alcoholic son, but because the old and infirm, police allowed at home and in the hospital pending legal sanctions. In recent years, as the legal sanction crime elderly people like Wu Qingzheng after problems, often caused by judicial debate, people in the choice: should uphold the fairness of law, or in the premise of the establishment of le

4、gal dignity, more consideration of human factors?First, Chinas aging has deepened, the elderly crime can not be overlookedSocial aging means the proportion of the elderly population in a society in a certain proportion of the total population. According to the relevant provisions of the United Nations, when the population over the age of 60 accounted for a country or a city to meet or exceed the proportion of the total population of 10%, or 65 of the population over the age of reach or exceed 7%

5、 of the total population, the country or the population of the city was known as the old population, so the society is known as the aging society. The first national census in 1953, Chinas elderly population over the age of 60 to 42 million 120 thousand; the second census in 1964, when 42 million 430 thousand people reached 76 million 750 thousand; in 1982 third census, fourth census in 1990 is 97 million 250 thousand. By the end of 1995, the number of people over the age of 60 had reached 120 m

6、illion, accounting for 9.76% of the total population. In 2000 Chinas population over the age of 60 reached 128 million 752 thousand, accounting for 10.1% of the total population, the population aged 65 and over reached 87 million 295 thousand, accounting for 6.8% of the total population, the population aged 80 and over reached 11 million 398 thousand, accounting for 0.9% of the total population. These data show that China has entered the ranks of the elderly country, and Chinas population aging,

7、 compared with other countries, also has uneven regional distribution, leading to socio-economic development characteristics. The proportion of elderly crime for crime in the total amount is not large, but in recent years the elderly crime rate gradually increased, the trend of diversification. Therefore, the seriousness of the conviction and sentencing of the elderly crime has become a controversial issue at the moment.Two, the characteristics of the elderly crime(1) the crime rate is low and s

8、ocial harm is relatively small. In the past five years Wanzai court crime statistics, less than 5% over the age of 60 the proportion of crime. Although China is still not the elderly crime rate statistics are quite exact, but due to the increase in the number of the elderly population, the elderly crime is increasing, compared with the other subject of crime, the crime rate is relatively low in the elderly.(two) more non violent crimes are committed. The main offenders are indecent, rape, fire,

9、theft, poisoning, fraud and so on.(three) the subject of crime for the elderly, the object of crime against the most vulnerable groups.Three, the theory of leniency for the elderly(1) compassionate measures in ancient Chinese law;Chinese since ancient times of respecting tradition, said Mencius elderly and old person, which is Chinese for thousands of years, the kiss, respect and thought vivid portrayal. The combination of the Chinese legal system, the huge rite system,In all aspects of national life and social life play a wide range of regulatory role, courtesy of the impact of law has a long history. Throughout the history of Chinas criminal law, and the old and old has become the legal expression of the virtues.1, the spring and Autumn Period and the criminal penalty relief. Zhou Adam? our thorn stipulates: a pardon, tender, and Amnesty said dotard. Tender is also called mourning, refer

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