规制未达刑事责任年龄未成年人犯罪的立法对策

The Legislative Countermeasures for the Regulation of Juvenile Delinquency under the Age of Criminal Responsibility

每当未达刑事责任年龄未成年人犯罪案件见诸报端,总会引发降低刑事责任年龄的呼吁。降低刑事责任年龄与刑法的谦抑性精神不符,也有悖未成年人国际保护原则,刑罚对未成年人也具有很大的副作用。收容教养、工读学校为我国规制未成年人犯罪的两种非刑罚处罚措施,但收容教养制度存在实体性、程序性缺陷以及执行场所和教育内容的不足,工读学校也已经"名存实亡"。应当通过立法手段,进一步完善收容教养的实体性制度和程序性制度,将收容教养和工读学校合二为一,落实监护人的监护教育职责,从而实现对未成年人犯罪的有效规制。

Every time juvenile delinquency under the age of criminal responsibility are reported,there is always an appeal to lower the age of criminal responsibility.Lowering the age of criminal responsibility is inconsistent with the modesty of the criminal law and also goes against international protection principle of juvenile.Punishment has great side effects on juvenile.Custody and rehabilitation system and work-study schools are two non-criminal punishment measures to regulate juvenile delinquency in China.However,custody and rehabilitation system has substantial and procedural defects,as well as shortcomings in execution sites and educational contents,and work-study schools have"existed in name only".By means of legislation,we should further improve the substantial and procedural system of custody and rehabilitation system,integrate custody and rehabilitation system and work-study schools into one,carry out the responsibility of guardianship and education of guardians,and realize effective regulation of juvenile delinquency.