恶意补足年龄规则的本土化适用研究

针对近年来我国未成年人犯罪呈现的低龄化趋势及刑事责任年龄划分僵硬化造成的困境,《刑法修正案(十一)》新增个别刑责年龄条款,一定程度上借鉴和吸收了恶意补足年龄规则的内容。恶意补足年龄规则的本土化适用可为我国刑事责任年龄调整提供实践依据。通过梳理、分析恶意补足年龄规则的理论沿革、核心内涵,对个别刑责年龄条款中罪行的适用范围、情节恶劣的认定及主观恶意的证明提供更好的解释与适用。In response to the underage trend of juvenile delinquency in China in recent years and the difficulties caused by the rigid division of criminal responsibility age, the 11th Amendment to the Criminal Law has added individual provisions on the age of criminal responsibility, which to some extent draws on and absorbs the content of the rule of malice supplies the age. The localized application of the rule of malice supplies the age can provide a practical basis for China to adjust the age of criminal responsibility. By reviewing and analyzing the theoretical evolution and core connotations of the rule of malice supplies the age, we aim to provide a better explanation and application of the scope of application of crimes, determination of aggravating circumstances, and proof of subjective malice in the individual age of criminal responsibility provisions.