最低刑事责任年龄法理反思——以是否降低刑事责任年龄下限为视角-jurisprudential reflection on the minimum age of criminal responsibility from the perspective of lowering the lower limit of the age of criminal responsibility.docxVIP

1 1 2 2 Abstract Currently, it is a common concern on juvenile delinquency among global countries. Along with social economy development, the mental maturity age of adolescents have advanced, Meanwhile, the juvenile delinquency problem becomes serious increasingly, especially the criminal offenders under the age of 14. However, Chinese laws provide immunity to criminal responsibilities in any form of crimes entirely to convicts who less than 14 years old. Hence, this essay deems that the clauses cannot adjust to the current society reality, and it should be amended and improved that we may change the lower bound of the minimal age of criminal responsibilities to 12 years old. This text is divided into five sections mainly: In first section, the problem of lower limit ages of criminal offenders is raised by discussing the practical criminal cases. And then by analyzing the factors and specialty of the lowering trend of criminal age, this essay tries to point out the question: it is necessary to reduce the minimum age of criminal responsibilities or not. Next, the second section enumerates the laws, regulations and rules of minimum age of criminal responsibilities in China history and other countries. Based on it, the text tries to figure out the diversities of social formations and living realities in various regions and different periods, so as to explore the underlying factors what the minimum age of criminal responsibilities depends on. More importantly, by comparing Chinese law with American law, this part is gonging to work out the reasons which make them different and the lessons which could be helpful to our country’s legislation. The third section is the basic exposition of the theory on penalty purpose. It contains two main branches: retribution theory and prevention theory. This section focus on anglicizing these tow theories and the main standpoints of representative personages systematically, in order to touch off a think about the purpose of the criminal