我国古代未成年人犯罪刑事立法的启示

中国古代法律制度深受儒家仁义道德主义思想的影响,对未成年人犯罪的处理就是其中之一,古称"恤幼"。"恤幼"思想认为统治者和社会对未成年人的健康成长负有不可推卸的责任,主张对未成年人犯罪实行不同于成年人的特别宽容制度,在刑事实体法和程序法上都主张对未成年人给予更多的关爱,并将其体现在刑事立法和司法实践中。这些刑事政策和法律规定不仅为当时的未成年人犯罪惩罚、预防工作指引了正确方向,为维护未成年人的特殊利益起到了积极作用,也为当代科学完善未成年人犯罪刑事政策的形成和发展提供了宝贵的资源。

On Revelation of Criminal Legislation for Juveniles in Ancient Chinese

the ancient Chinese legal system was influenced by the thoughts of the Confucian morality and ideology, the juvenile crime is one of them, which is called ＂Sympathized-youth＂. The thought of ＂Sym- pathized-youth＂ tended to the un-removable responsibility of the rulers and the society for the growth of juvenile, advocating that the juvenile crime was different from special tolerance system for adult, and the more cares and mercy to the juvenile in the substantive law and procedural law and embodied it in criminal legis- lation and judicial practice . These criminal policies and the laws not only guided the right direction for the ancient juvenile punishment and prevention, playing a positive role for the juvenile special interests, but also provided a valuable resource for the scientifically improvement of the criminal policies and development for juvenile crime.