A Study on the Problems in Determining Age of Criminal Responsibility and Countermeasures 刑事责任年龄认定存在的问题及对策研究
When the person at the relative age of relative criminal responsibility commits a crime, his ability of taking criminal responsibility is closely related to his age. 相对刑事责任年龄的人犯罪,承担刑事责任能力与其年龄密切相关。
It is of great and profound significance to improve relative lawmaking on age of criminal responsibility of China. 完善我国刑事责任年龄的相关立法,意义重大而深远。
Ifs person who has reached the age of14 but not the age of16 commits the act of kidnapping and kills the kidnapped person, he should be investigated for the criminal responsibility of intentional homicide. 已满14周岁不满16周岁的人实施绑架行为并故意杀害被绑架人的,应以故意杀人罪论处。
The traditional criminal responsibility age definition has many flaws such as the excessively narrow concept, which does not favor not only the judicial practice work, also consummation of our country's criminal responsibility age legislation. 传统的刑事责任年龄定义存在着概念过窄等诸多缺陷,不但不利于司法实践工作,也不利于我国刑事责任年龄立法的完善。
The subject of kidnapping is general subject, which means natural person who has attained the age of 16 and has capacity for criminal responsibility. 绑架罪的犯罪主体,是一般主体。即已满16周岁,具有刑事责任能力的自然人。
The Research on the System of Age of Criminal Responsibility 刑事责任年龄制度研究
On the Application of Criminal Law to the Person with Relevant Age of Criminal Responsibility in the Crime of Kidnapping and Killing People 论相对刑事责任年龄人在绑架杀人犯罪中的刑法适用&兼谈刑法第十七条第二款的立法根据
This paper compares the age divide of the criminal responsibility both at home and abroad. 对中外刑事责任年龄阶段的划分进行了比较分析。
In our Criminal Law, we still have being used the provisions about the age of criminal responsibility which was established thirty years ago. Minors under fourteen years are the absolute non-criminal responsibility age person. 我国刑法关于刑事责任年龄的相关制度,至今仍然沿用三十多年前的相关规定,不满十四周岁的未成年人完全不负刑事责任。
One is the basis for lowering the age of criminal responsibility and the other one is legislative design. 主要有降低刑事责任年龄的依据以及对最低刑事责任年龄进行立法设计。
From the legislative point of view, the existing criminal law, has no limit of the identity of the subject, so any of legal age of criminal responsibility can constitute the crime. 从立法上看,现行刑法对交通肇事罪主体的身份没有进行限制,故任何达到法定年龄、具有刑事责任能力的人都可以构成本罪。
Third, regulate the upper limit age of criminal responsibility. 规定刑事责任年龄的上限。
Three is to face up to his ability to age effects, further exploration of the elderly crime criminal responsibility means diversification path. 三是正视年龄对受刑能力的影响,进一步探索老年人犯罪刑事责任承担方式多样化的路径。
As for the subject of transformed robbery must be over 16 years of age with full criminal responsibility of perpetrators. The limited criminal responsibility of perpetrators who are less than 16 but over 14 years old, will not comply with the condition of subject. 主体条件中,已满14周岁不满16周岁的限制刑事责任能力行为人,一律不得转化,必须是年满16周岁以上的具有完全刑事责任能力的行为人。
While the relative age of criminal responsibility in the joint criminal convictions of people problems, the author thinks we can have full criminal responsibility with other accomplices set a different charge. 而共同犯罪中相对刑事责任年龄人的定罪问题,笔者认为可与其他具有完全刑事责任能力的共犯定不同的罪名。
In the aspect of subject of the crime, the age of responsibility and the subject will be discussed in this paper. The controversial issue of the age of criminal responsibility is that whether the age for criminal liability should be lowered or not. 而在犯罪主体方面,对责任年龄与单位主体问题进行讨论。
From then on, System of age of criminal responsibility had been established. 由此,刑事责任年龄制度得以确立。
I tend to the Criminal Law Article 20, paragraph 3 of the Criminal Code to take as Article 17, paragraph 2, for at least 14 years of age is under 16 years of age of criminal responsibility in the manner outlined its practice. 笔者倾向于对刑法第20条第3款的规定采取如刑法第17条第2款对于年满14周岁不满16周岁的刑事责任年龄的列举方式,将其具体化。