論刑事責(zé)任年齡Onageofcriminalresponsibility

1、論刑事責(zé)任年齡( On age of criminal responsibility)On age of criminal responsibilityRelease time: 2010-04-30 09:27:23The 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 proble

2、ms 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 t

3、he social reality.I. an overview of the age of criminal responsibilityThe 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 mo

4、dern 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

5、 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

6、about the influence of age on the criminal responsibility.Such as "Zhou" in theft provisions "where thereis 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

7、 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 a

8、nd science, can be summedup 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

9、 of criminal responsibility, the age of people, only bear criminal responsibility forsome serious criminal crimes suchas 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 &q

10、uot;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

11、under 80 years ofage, 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"Twelve copper watch law", for individual crimes, there is a preliminary provision on age. In 534 years o

12、f ancient Rome Empire "Justinian code" does not exist in the students' bad boy, also may not have the basis of hopeless children theory, established the requirements for children maynot premeditated crime, and accordingly: male 14 years old, female 12 years old age for criminal respons

13、ibility." According to reports, the Rome law also distinguish several stages of liability age: under 7 years old children's behavior was not deemed a crime; has over 7 years of age under the age of 14, is regarded as the ability to discern whether reach the age of responsibility;hasover 14

14、years of age for criminal adults.In modern times, in eighteenth Century, many countries established the age of responsibility for minors according to the law of the Rome. In 1810 the "French penal code" article sixty-sixth: "felony defendants under the age of sixteen, and the crime th

15、at happened to distinguish right from wrong, should be exempt from punishment." The code of sixty-seventh and sixty-ninth also stipulates that has the ability to distinguish right and wrong for the implementation of felony minors under the age of 16 and under the age of 16, the defendant should

16、 be sentenced, a misdemeanor, but should reduce the punishment. The provisions of the French Criminal Code have an important influence on the criminal law legislation in western countries in the early nineteenth Century and the early twentieth Century.In modern society, because of the history, cultu

17、re, politics, economy and legal tradition and other aspects of the different countries, determined to minors age roughly the following: (1) the uncertainty bounds of minors age. Latin American countries such as Cuba, Columbia, Peru and so on. (2) the criminal law does not specify the boundaries of t

18、he age of minors, which are determined by the court in accordance with the Koran, based on the degree of physical and psychological maturity of the individual. Such as Saudi Arabia and Yemen. (3) the minimum limit for minors is stipulated as well as the minimum and minimum limits for minors from 7 t

19、o 16. The upper limit ranges from 15 to 21 years, which is stipulated in the criminal law of the vast majority of countries.Thus, the age of criminal responsibility is stipulated in the criminal legislation at all times and in all countries. There are different regulations on the age of criminal res

20、ponsibility in criminal law legislation of modern countries all over the world,But generally according to the actual growth of their children and fight against crimes needs, a gradual development process according to a person from the part do not have to have, fully equipped with the ability to iden

21、tify and control their behavior to divide the age of criminal responsibility in the same.(two) the present situation of criminal responsibility age in China's criminal law.The criminal law of our country according to our country always on children's harmful behavior to education, supplemente

22、d by punishment policy guidance, from the political, economic and cultural education in our country, the growth of children andall kinds of crimes such as reality, and draw lessons from the legislative experience of other countries, considering the development trend of the criminal law. In the curre

23、nt penal code of 17 to the age of responsibility provides more concentrated, the division of the age of criminal responsibility is totally not criminally responsible age, the relative age of criminal responsibility and completely negative period of the age of criminal responsibility.1, completely wi

24、thout criminal responsibility age stage.In accordance with the provisions of the seventeenth article of the criminal code, under 14 years of age is completely non criminal age stage. According to the current criminal law theory, people under the age of 14 are still in their infancy and have no abili

25、ty to recognize and control their ownactions, i.e., they are not capable of being able to do so. The law, the implementation of social harm for people under 14 years of age the behavior, no criminal responsibility; butwhen necessary,shall be ordered to parents or guardians to discipline, mayalso nee

26、d to close to 14 years of age, as a person under the age of 12-13 taken in by the government.2, the relative age of criminal responsibility.In accordance with the provisions of the seventeenth paragraph of the current penal code, second, has full 14 years of age, less than 16 years of age, is a rela

27、tively negative age of criminal responsibility. At the age of the person, have a certain discrimination and their ability to control major major issues issues of right and wrong behavior, namely for someserious harm social behavior have the ability to identify and control the. Therefore, the law req

28、uires them to seriously harm the society to implement their own behavior that is "intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, investment and application of the crime of dangerous substances" criminal responsib

29、ility. 3 of the NationalPeople's Congress Party Committee LawCommittee in August 2002, made the reply of the Supreme People's Procuratorate on the scope, has reached the age of 14 people under 16 years of age of criminal responsibility problems pointed out: "the eight provisions of the

30、second paragraph of article seventeenth of the criminal law crime, refers to the specific crime rather than specific charges."3, fully responsible for the age of criminal responsibility.In accordance with paragraph first of the current code seventeenth expressly, has reached the age of 16 peopl

31、e into a completely negative stage of the age of criminal responsibility, the current criminal law that has over 16 years of age minors physical and intellectual equal development, has certain social knowledge, is the concept and the legal concept of growth to achieve certain procedures, the general

32、 can according to national law and social moral requirements to restrain themselves, so they have the basic meaning of the current criminal law on the debate and the ability to control their ownbehaviour. Therefore, the current criminal law of our country confirms that people who have reached the ag

33、e of 16 constitute all the crimes in the criminal law and require them to bear criminal responsibility for all harmful acts prohibitedby the criminal law.4, reduce the age of criminal responsibility.The third paragraph of the seventeenth article of the criminal law stipulates that "those who ha

34、ve reached the age of 14 and under 18 years of age shall be given a lighter or mitigated punishment."."The above is the history of Chinese and foreign criminal law and the current criminal code and the theory of criminal law on the age of criminal law division, then the theory of criminal

35、law in China, the age of criminal responsibility is how to identify it? In practice, what types of evidence are used to determine the age of criminal responsibility?Two, the determination of the age of criminal responsibility and the main basis(1) the determination of the age of criminal responsibil

36、ity;The provisions of the criminal law China age refers to the chronological age, but not to age. The chronological age, calculated on a daily basis, and calculated according to the Gregorian calendar year, month and day. After 14 years of age, 16 years of age, 18 years of age, from second days onwa

37、rds, who are 14 years of age, 16 years of age, 18 years of age. For example: the actor was born in January 1, 1980, from January 2, 1994 onwards, only 14 years of age.The age of criminal responsibility shall be calculated from the date of birth to the date of the act, not the date of the result. For

38、 example: the perpetrator in the implementation of homicide, less than 14 years of age, but when the death occurred at the age of 14 years of age, the perpetrator can not be held criminally responsible for intentional homicide. Because the crime is the ability to identify the criminal responsibility

39、 and control his own conduct, since the identification control, criminal responsibility must be the behavior that the age of criminal responsibility must also be "behavior" of the age; although behavior and results are closely related, but do not contain the results,The results also do not

40、 contain behavior.In the case of crimes involving the age of criminal responsibility, two cases should be paid attention to: (1) after the perpetrator has reached the age of 16, he has carried out some kind of crime and has completed the same act during the period under 14 years of age and under the

41、 age of 16. As for whether criminal responsibility must be investigated, it should be analyzed in detail. If you have reached the age of 14 by 16 years of age during the implementation of specific criminal provisions of the second paragraph of article seventeenth of the criminal law, should be held

42、criminally responsible; otherwise, it only has made full criminal responsibility 16 years after the crime. (2) the behavior of people under the age of 16 during the full 14 years of age, the implementation of the specific criminal provisions of the second paragraph of article seventeenth of the crim

43、inal law, and under the age of 14 when the implementation of the same behavior, which must be held criminally responsible,specific crime can only be investigated for the full 14 years of age after the implementation of the criminal responsibility.(two) the main types of evidence for the age of crimi

44、nal responsibility;1, documentary evidenceIt mainly includes household registration certificate, birth certificate, epidemic prevention health care card, school roll card, mother's child-bearing age, women's fertility information and so on, which can be used as proof materials for the age of

45、 the perpetrator or directly as evidence.2, criminal suspect confession and witness testimonyIn some documentary evidence cannot be obtained or defective documentary evidence, determination of the age of the suspects can rely on the suspect's confession and testimony of witnesses identified. Whi

46、ch witness's testimony is objective and realistic, generally speaking, the testimony of the close relatives of the midwife and the suspect is reliable, and can be accepted if it is inconsistent with other evidence or has other evidence. The household registration records is a minor, the suspect

47、or the parents of the minor, and can provide some relatives, neighbors, medical staff, the household registration agency staff testimony and other evidence, generally regarded as minors.3, expert conclusionWith the progress of modern advanced science and technology, it is possible to make accurate identification of a person's age acc