降低未成年人刑事责任年龄的立法扩张与司法限缩

The Legislative Expansion and Judicial Limitation to Reduce the Age of Juvenile Criminal Liability

《刑法修正案(十一)》降低未成年人刑事责任年龄受未成年人犯罪新情势及“积极控制”观念主导的刑法修正新趋向驱动。这一立法扩张举动价值在于预防未成年人犯罪,满足大众安全期待。鉴于降低未成年人刑事责任年龄可能引发未成年人权益保护风险,刑事司法应对其进行合理限缩。通过对法条的限缩解释来限制刑事处罚范围,对核准程序的完善来严格刑事处罚程序。

"Criminal Law Amendment(11)"reducing the age of juvenile criminal responsibility is driven by the new situation of delinquency and law amendment dominated by the concept of active control.The value of this legislative expansion is to prevent juvenile delinquency and meet the public safety expectations.In view of the fact that reducing the age of criminal responsibility of minors may lead to the risk of protecting the rights and interests of minors,criminal justice should reasonably limit it.The scope of criminal punishment can be restricted by the limited interpretation of the criminal law and the criminal punishment procedure by the improvement of the approval procedure.