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

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 elderly Author: Hu Dongjiang release time: 2010-05-14 11:16:08 Abstract: 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 minors, 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, punishment Introduction: it is reported that in April 18, 2009, 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 legal dignity, more consideration of human factors? First, Chinas aging has deepened, the elderly crime can not be overlooked Social 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 ex