老年人犯罪刑事立法与司法分析.pdfVIP

Abstract With the arrival of the worlds aging society, China has entered the aging society, which is now the worlds largest aging country. As the elderly population increases in the proportion of the total population, elderly criminality is gradually increasing, so Chinas criminal legislation, criminal justice against the trend should make the necessary adjustments. But the research of criminal legislation and criminal justice is weak in our criminal theory. It has profound theoretical and practical significance. Most countries in the world have lenient penalties for the elderly criminality, For example, the Brazilian Penal Code and the Vietnamese Penal Code provide for the lenient punishment to the elderly criminality in the general provisions; the Russian Penal Code and the Mongolia Penal Code provide for the prohibition against certain criminal offenses for the elderly criminality; the French Penal Procedure Code and the Japan Penal Procedure Code provide for the lenient punishment in the penalty execution in content, type and mode for the elderly. Ancient and modern criminal legislation of China is also lenient on the elderly criminality. With the adoption of the Criminal Law Amendment (Eighth), the Chinese Penal Code have been lenient punishment for the elderly, but there are still some problems, such as the high age of Lenient penalties for the elderly; the Chinese Penal Procedure Code is also lack of their right of defense and presence. Although the relevant criminal policy has been involved the lenient punishment for the elderly criminality, but it is not specific enough, not strong operational. In justice, there are difficulties in the rapid