从刑事责任年龄谈我国少年司法制度的完善

On the Perfection of Juvenile Justice System in China from the Age of Criminal Responsibility

伴随着社会变革,低龄化犯罪现象日益增多,且手段残忍、社会危害性十分严重。我国《刑法》第十七条规定,已满十六周岁才需负刑事责任,已满十四周岁不满十六周岁,只需对八种重罪行承担刑事责任,这就导致公众、媒体对我国刑事责任年龄的刚性规定产生了质疑,进而呼吁降低刑事责任年龄。文章通过综合分析,认为降低刑事责任年龄无疑于“饮鸩止渴”,而应立足于刑法的谦抑性,完善我国少年司法制度,多维度理性治理低龄未成年人恶性“犯罪”这一难题。

With the social changes,the phenomena of juvenile delinquency have become increasingly prominent,and the means of cruelty and social harm are becoming serious.Because the young minors are under the age of criminal responsibility,there are endless cases of not being investigated for criminal responsibility after the implementation of serious crimes.According to the seventeenth provision of the Criminal Law of our country,criminal responsibility is required only after the age of sixteen.For teenagers at the age of fourteen to sixteen,only eight kinds of serious crimes are required to bear criminal responsibilities.This leads to the public and the media questioning the rigid stipulation of the age of criminal responsibility in our country,and then calls for the reduction of the age of criminal responsibility.Through comprehensive analysis,this paper holds that lowering the age of criminal responsibility is undoubtedly something like“quenching a thirst with poison”,and it should be based on the modesty of criminal law to improve our juvenile justice system,and rationally manage the problem of malignant"crime"of young minors in a multi-dimension way.