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The Research on Penalty-relief of Senior Crime

Author: GuoMin
Tutor: MaJiaFu
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Elderly crime Forgiveness of Criminal Law Amendment ( h) Community Corrections
CLC: D924
Type: Master's thesis
Year: 2011
Downloads: 209
Quote: 0
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Abstract


Due to the various aspects of China's current social and economic development and long-term implementation of family planning policy, China has entered the aging society, and the aging rate is deepening. Along with the increase in the elderly population, the elderly, the crime rate has gradually increased, causing general concern about academics and community crime problems of the elderly. For elderly crime should lenient punishment has also become one of the controversial. Higher in relation to our attention, juvenile delinquency, the lack of provisions of the Criminal Law in the elderly crime is an indisputable fact, elderly crime in the theoretical study of China's criminal law is a very weak issue. Thankfully, in recent years, more and more scholars and judicial workers build and improve the criminal responsibility of our elderly crime constructive comments. By these background factors, first created in the February 25, 2011 by the Criminal Law Amendment (h) \people who do not apply the death penalty and should declare the probation provisions, has taken another important step in the criminal law legislation on the new China. This paper attempts to combining theoretical research on elderly crime and criminal legislation, the amendment Perspective for research discourse rarely systematic elaboration and the lack of depth of the problem of elderly crime combing on the elderly a range of issues of crime, and the amendment of the relevant provisions to make the assessment, pointed out that the current inadequacies elderly excusable system, put forward their own perfect idea. The text is divided into three parts, about 26,000 words. The first part, the concept of elderly crime and the status quo. First proposed the concept of elderly crime listed different types occurred in recent years and the typical the elderly criminal case and the reference to the judiciary to handle cases of elderly crime data, and on this basis to make a specific analysis of the current situation of the elderly crime . According to the second part of the forgiveness provisions of the elderly crime. I believe that, \\Amendment establishing the forgiveness system of Confucian tradition of thinking as the basis contemporary new \the implementation of the criminal policy decision, but also of combining punishment with leniency, and inner spirit to the Criminal Code is based, reflecting the trend Penalty Reprieve. The third part of the \This part is also the focus of this article. The thesis analyzes the relationship the elderly offenders leniently punished with the application of criminal law the principle of equality, both essentially consistent; followed by a critical analysis of the elderly criminals forgiveness provisions, pointed out that the amendment provisions elderly crime \should be leniency and clemency is appropriate; Finally, a critical analysis of the scope of the provisions of the elderly offenders forgiveness. Some of their own views of the elderly age settings that do not apply the death penalty and conditions; analysis of the defined full seventy-five age of the elderly should declare the probation system, it is recommended that appropriate relaxation of elderly offenders commutation, parole applicable, focus on community the establishment and application of the correction system, in order to reach the elderly more reasonable and humane alternative purpose in the execution of punishment the way after the crime.

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CLC: > Political, legal > Legal > Chinese law > Criminal law
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