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21世纪我国已经迈入老龄化社会,与此同时经济发展造成社会生活环境日益变化,老年人犯罪现象也变得尤为突出。在心理和生理等层面,老年人和一般成年人之间是存在许多区别的,对老年人的犯罪,世界上许多国家都做了从宽处理的规定,我国古代及近代的立法都对此作了较为详细的规定,自秦代便有恤老的刑法制度,“悯老恤老”是我国的传统习惯和道德要求,我国刑法修正案(八)对老年人犯罪从宽处理的规定体现了这一要求,意义十分重大。本文结合老年人自身的特殊状况,结合我国老年人犯罪的现状以及当前国际刑事立法的现状等诸多方面,对老年人刑事责任的相关规定仍需进一步细化。
In the 21st century, our country has entered an aging society. At the same time, economic development has caused the social living environment to change day by day. The crime of the elderly has become even more prominent. Psychologically and physiologically, there are many differences between the elderly and the average adult. For the crimes of the elderly, many countries in the world have made lenient treatment and both ancient and modern legislation in our country have done so For a more detailed provision, since the Qin Dynasty, there was a system of penalties for elder brothers and sisters, and “elder brothers and elders” were the traditional customs and ethical requirements of our country. The Amendments to Criminal Law of China (8) Reflect this requirement, the significance is very significant. Combined with the special conditions of the elderly, combined with the actuality of the crime of the elderly in our country and the status quo of the current international criminal legislation, the relevant provisions on the criminal responsibility of the elderly still need to be further refined.