论刑事责任年龄(On age of criminal responsibility)

论刑事责任年龄（On age of criminal responsibility）

On age of criminal responsibility

Release time: 2010-04-30 09:27:23

The age of criminal responsibility [1] is an important subject in the theoretical system of criminal law in china. In recent years, with the continuous development of society, new social problems emerge at the same time, China criminal law theorists on this issue is more extensive and in-depth discussion, and puts forward a new theoretical perspective. This article only discusses the present situation of the criminal liability age in China's criminal law and discusses the topic with the social reality.

I. an overview of the age of criminal responsibility

The age of criminal responsibility is one of the general requisites to identify the subject of a natural person. [2] the age of responsibility has been stipulated in the criminal legislation at all times and in all countries. The modern world criminal legislation responsibility age is different, but generally according to the needs of the actual growth of their children and fight against crimes, a gradual development process according to a person from the part do not have to have, have the ability to recognize or control their own behavior, the criminal the age of responsibility is divided into several stages, the method of division is not exactly the same.

(1) provisions on the age of criminal responsibility in Chinese and foreign criminal law;

As early as in the criminal law of the slave society, there was a stipulation about the influence of age on the criminal responsibility. Such as "Zhou" in theft provisions "where there is a title, and seventy, and the urn, are not as slaves", at the same time, "Zhou Li" in the "three sins" system, there is two remission was established by age, therefore, in ancient China, people are very early understanding of the relationship between the age and the criminal responsibility ability.

The Tang Dynasty is the peak period of China's feudal society, "Tang" on the age of criminal responsibility to answer detailed provisions and science, can be summed up as follows: (1) 15 to 70 years old is completely negative phase of the age of criminal responsibility. (2) 10 to 15 years of age and 70 to 80 years of age is an age of criminal responsibility reduction. (3) 7 to 10 to 80 to 90 years is relatively negative phase of the age of criminal responsibility, the age of people, only bear criminal responsibility for some serious criminal crimes such as murder, inverse, robbers, and can give quarter. (4) under 7 years of age and 90 years of age, there is no age for criminal responsibility. China's first modern criminal law "new criminal law" will be the age of criminal responsibility is divided into three stages (1) under 17 years of age for criminal responsibility is not age. (2) 12 years of age, under 16 years of age, or 80 years old, to reduce the age of criminal responsibility. (3) over 16 years of age and under 80 years of age, the age of full criminal responsibility.

In foreign criminal law, there is a long time about the age of criminal responsibility. In 451-450 BC in ancient Rome's