Communications in Humanities Research ISSN: 2753-7072
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Research Article

Reflection on Lowering the Minimum Age of Criminal Responsibility

Shuyuan ZhangYuxi People's Court*

* Corresponding author: [email protected]

Abstract

The amendment to the Criminal Law (Xi) lowered the lower limit of the age of criminal responsibility for minors by introducing theories such as “flexibility theory” and “reduction theory”. However, regarding the issue of “special cruel means” and “bad circumstances”, there is no specific provision and explanation in the new age of juvenile criminal responsibility in China, which leads to the expansion of the discretion of the legislature and the judiciary. In order to reduce the juvenile crime rate and punish and prevent juvenile delinquents, we should revise the juvenile delinquents in law to fill up the deficiency of compulsory education in prison, perfect the system of special education correction and establish the system of compulsory parental education. Adopting “welfare” protection has the function of “education” and “correction” for juvenile delinquents who are below the lower limit of the age of criminal responsibility.

Keywords: age of criminal responsibility; capacity for criminal responsibility; juvenile delinquency
Published: November 20, 2023
DOI: 10.54254/2753-7064/13/20230295
Volume: CHR Vol.13
pp. 179-184
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