刑八草案关于老年人犯罪立法新动向的法律文化解读

An Interpretation into the Legal Culture behind the Legislative Move Regarding Crimes Committed by the Elderly in the Eighth Draft Amendment to the Criminal Law

我国具有厚重的矜老立法传统,然而这一传统在新中国的法制建设中遭到了六十年的对抗性断裂。目前,全国人大常委会正在审议的第八个刑法修正案草案在老年人犯罪问题上做出了一系列明确而具体的规定。这有利于接续断裂已久的矜老传统;有利于推动我国刑罚进一步的宽缓化;也有利于以此为契机不断扩大和深化对于我国优秀法律文化的借鉴和传承。

Since ancient times,China has been upholding the tradition of legislating sympathetically in favor of the elderly.However,this tradition has undergone sixty years of catastrophic breakage in the process of constructing the socialist legal system of the New China.At present,the eighth draft amendment to the criminal law that the Standing Committee of the National People＇s Congress is currently deliberating on has made a set of clear-cut stipulations regarding the issue of crimes committed by the elderly.It is maintained that such a move is a positive one in that it conduces to the continuity of the tradition of legislating sympathetically in favor of the elderly and the further mitigation of China＇s rigid criminal punishment system.Besides,the promulgation of this amendment also offers an opportunity for deepening and enhancing efforts aimed at carrying forward and inheriting the fine traditions of China＇s legal culture.