Study on the Localization of the Age Rule for Malicious Supplementation: A Case Study of Sexual Offenses Committed by Minors Under the Age of 14.

Qianyue Yang

doi:10.54691/gt46p544

Authors

Qianyue Yang

DOI:

https://doi.org/10.54691/gt46p544

Keywords:

Age of criminal accountability; Malicious age augmentation rule; Criminal liability; Youth crime.

Abstract

The ongoing reduction of the age of criminal accountability is not a viable resolution. In light of the escalating incidence of youth crime, particularly regarding sexual offenses and various acts not explicitly specified by law, the current legal framework is strikingly inadequate. It fails to align with the cognitive maturity of minors and does not sufficiently tackle the societal dilemmas that emerge as a result. This paper endeavors to assess the applicability of the "malicious age augmentation rule" as seen in international jurisdictions, with the objective of determining its pertinence within the framework of China's judicial processes. It aims to delineate the parameters of its application and the complexities surrounding the assessment of "malice," ultimately seeking to formulate a "malicious age augmentation rule" that harmonizes with the localization of the Chinese legal system, thereby bridging the gap related to other juvenile offenses.

Downloads

Download data is not yet available.

References

[1] Xi.JinPing. emphasizes the significance of upholding the great banner of socialism with Chinese characteristics while striving for the comprehensive construction of a modern socialist state, as articulated in his report at the 20th National Congress of the Communist Party of China.2020.

[2] Wang Mu, Zhang YH, Ye Q, Xia Y, Zhang Y, Lin W, and Wan Ch.present an analysis of the fundamental conditions and trends of juvenile delinquency in the article. the National Prosecutors College Journal, Issue 4.2011.

[3] June.2020, the Supreme People's Procuratorate released the White Paper on Juvenile Prosecution Work (2014-2019), which clearly states that the attitude of procuratorial agencies towards juvenile crime is one of "leniency without indulgence, balancing legal punishment with some leniency."

[4] Article 17, Paragraph 2 of the Criminal Law stipulates, "Individuals who are over fourteen but under sixteen years of age shall bear criminal responsibility for acts of intentional homicide, intentional injury resulting in severe harm or death, rape, robbery, drug trafficking, arson, explosion, and poisoning."

[5] Xu Anzhu. discusses the scope of criminal responsibility for individuals aged fourteen to under sixteen in the article featured. Nanjing University Law Review, Issue 1. 2012.

[6] Liu Yang. Yu X.address the improvement of accountability mechanisms for juvenile serious crimes, drawing insights from the malevolent age supplementation rule, Contemporary Youth Studies, Issue 2 . 2020.

[7] Li Fengmei.examines the legal constructs and analogies from the perspective of criminal law regulations, Law Journal, Issue 1.2006.