Discussion on The Criminal Responsibility Capacity of the Elderly

Liuying Ma

doi:10.47297/wspelWSP2515-824402.20240801

PDF
Export
Share
Collection
Album

Discussion on The Criminal Responsibility Capacity of the Elderly

Volume 8, Issue 1

Views: 0 Downloads: 1

Discussion on The Criminal Responsibility Capacity of the Elderly
Nanhua University Law School, Hengyang 421001, Hunan, China
Vol. 8, Issue 1, Pages: 16-24(2024)
Published： 30 June 2024 ，
DOI：10.47297/wspelWSP2515-824402.20240801
Accepted：

Scan QR Code

Ma Liuying.Discussion on The Criminal Responsibility Capacity of the Elderly[J].Elder Law,2024,08(01):16-24.
DOI：

Ma Liuying.Discussion on The Criminal Responsibility Capacity of the Elderly[J].Elder Law,2024,08(01):16-24. DOI： 10.47297/wspelWSP2515-824402.20240801.

摘要

Abstract

With the increase of age

the criminal responsibility capacity of the elderly gradually weakens

and the current Criminal law does not make special provisions on the criminal responsibility of the elderly

hence there is a large deviation in the sentencing of crimes against the elderly in judicial practice. In the criminal law legislation

"Elderly" should be regarded as a statutory lenient sentencing circumstance

and it is clearly stipulated that people over the age of 70 who commit crimes can be lightly punished

mitigated

or exempted from punishment. This provision is not only based on a biological scientific basis

deep traditional culture and a foundation of public opinion; it also embodies the principles of individualization

humanization

and economy of penalties. It also improves the legislative structure of criminal law and comprehensively protects vulnerable subjects.

关键词

Keywords

criminal responsibilityability to take responsibility

references

Lu Xinguo. Notes on the Criminal Law of the Book of Jin [M]. Beijing: Masses Publishing House, 1986.

Zhao Jing. Talking about the criminal responsibility of the elderly from the ancient amnesty system of my country [J]. Journal of Jiangsu Police Academy, 2004 (3): 137.

Zhang Jinfan. The traditional and modern transformation of CHINESE law [M]. Beijing: Law Press, 2005.

Zhao Bingzhi. Criminal subjectivity theory [M]. Beijing: Renmin University of China Press, 1989.

Qu Xinjiu. The spirit and scope of criminal law [M]. Beijing: China University of Political Science and Law Press, 2003.

Mark Chang. GENERAL Theory of Crime [M]. Wuhan: Wuhan University Press, 2006.

Cesare Beccaria. ON Crime and Punishment [M]. Huang Feng, translated. Beijing: China Founder Publishing House, 2004.

Dennis Lord. The concept of law [M]. Taipei: Lianjing Publishing Company, 1984.

Faye Wong. The CRIMINAL law should not stipulate the upper age limit for criminal responsibility [J]. People's Procuratorate, 2007, (23): 62.

Chen Yongge, Li Yan. A brief discussion on the PUNISHMENT of CRIMES committed by the elderly [M]. Journal of Southwest University for Nationalities, 2007, (12): 128.

Bodenheimer. Jurisprudence—Legal Philosophy and Legal Methods [M]. Deng Zhenglai, translated by. Beijing: China University of Political Science and Law Press, 2003.

Radbruch. Introduction to Law [M]. Mi Jian, Zhu Lin, translated. Beijing: China University Encyclopedia Publishing House, 1999.

Cesare Beccaria. ON Crime and Punishment [M]. Huang Feng, translated. Beijing: China Founder Publishing House, 2004.

Chen Zhonglin. Criminal Law Scattered Collection [M]. Beijing: Law Publishing House, 2003.

Alert me when the article has been cited

Submit

No data

Related Author

No data

Related Institution

No data

⁰