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Web of Proceedings - Francis Academic Press
Web of Proceedings - Francis Academic Press

Argumentation of the Rationality of Reducing the Age of Criminal Responsibility from the Purpose of Criminal Law

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DOI: 10.25236/iwass.2020.021


Naijia Liu

Corresponding Author

Naijia Liu


The current age of criminal responsibility has caused a series of disputes and some difficulties, the theoretical age of criminal responsibility is no longer in line with the substantive factors - the current ability of identification and control of young people, the trend of juvenile violence in practice is becoming more and more obvious, and the lack of protection system leads to substantive indulgence. Traditional theory has always held that no matter what acts are committed by persons who have not reached the age of criminal responsibility, it is impossible to convict them. However, Article 17 of the Criminal Code is not a provision of the law on the capacity of criminal responsibility, and the recognition of the capacity for criminal responsibility can be used as a reference to the “malicious lying age “Rules are grasped in substance. In order to prevent the adverse effects of the expansion of the criminal circle, detention and arrest measures shall not be applied to such groups during the investigation phase, and the Supreme People's Procuratorate shall be reported for approval before prosecuting them. In the face of the above difficulties, criminal law should be dealt with so as to give full play to the function of safeguarding society.


Age of criminal responsibility, Criminal law, Rationality