Reflections on Lowering the Minimum Age of Criminal Responsibility
Commenting on Article I of Amendment (XI) to the Criminal Law of the People’s Republic of China
DOI:
https://doi.org/10.54691/bcpssh.v17i.620Keywords:
Juvenile delinquency, age of criminal responsibility, malicious complementary age, socialized support systemAbstract
In recent years, the number of cases of malicious crimes committed by minors has increased. Based on the premise that minors have the ability to recognize and control, and the lessons of the overseas Malicious Complement Age System, the age of criminal responsibility has been lowered to 12 years old with conditions. This is in line with the theoretical presumption of criminal responsibility and responds to the objective reality, reflecting the prevention and punishment of crimes committed by minors and the protection of their rights and interests. In the meanwhile, a socialized support system should be constructed and improved, focusing on early educational intervention and community functions, etc., to advance the fundamental management of the problem of underage delinquency.
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Refer to “The Introduction to the 8th National Study on Students’ (7-19 years old) Physical Fitness and Health”, from the web portal of the Ministry of Education of the People’s Republic of China http://www.moe.gov.cn/fbh/live/2021/53685/sfcl/202109/t20210903_558262.html.
Refer to “White Paper on Prosecution of Minors (2020)”, from the Online Publishing Room of the Supreme People’s Procuratorate.
https://www.spp.gov.cn/spp/xwfbh/wsfbt/202106/t20210601_519930.shtml#1.
Refer to Lin Qinghong, “The Minimum Age of Criminal Responsibility for Minors Should Not Be Lowered,” Juvenile Delinquency, No. 1, 2016.
Refer to the Report on the Status of Nutrition and Chronic Diseases of the Chinese Population (2020), from State New.
http://www.scio.gov.cn/xwfbh/xwbfbh/wqfbh/42311/44583/wz44585/Document/1695276/1695276.htm.
Refer to the White Paper on Juvenile Prosecution (2020): from 2016 to 2020, the number of juveniles prosecuted for eight serious violent crimes, including intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, and poisoning (due to the caliber of statistics, all crimes of intentional injury, smuggling and trafficking, and transportation and manufacturing of drugs are included) were 22,028, 19,954, 17,936, 18,172, 15,736, accounting for 37.29%, 33.48%, 30.76%, 29.65% and 28.63% of the total number of crimes, respectively. From the online release hall of the Supreme People's Procuratorate, https://www.spp.gov.cn/spp/xwfbh/wsfbt/202106/t20210601_519930.shtml#1
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