未成年人刑事归责年龄及刑罚处罚措施规定的建议

我国未成年人犯罪激增,并且呈现出新的趋势:低龄化、集团化、恶性化,而在未成年人犯罪的刑事归责和刑罚处罚措施等方面,我国立法明显滞后,使得罪责不一、罚其不当,无法充分实现预防犯罪、教育他人的目的。因此,我国应调整现行法律规定,适当降低刑事责任最低年龄,扩大相对刑事责任年龄阶段刑事责任范围,建立丰富、层次化的刑罚处罚体系,以体现对未成年犯的惩罚、教育,有效抑制目前未成年人犯罪日益严重的态势。

Proposals of the Regualtions about Criminal Liability and Penalty Punishment Measures on Jevenile Crime

Juvenile crime has surged in China and shows the - based and vicious tendency. However, in contrast, the legislati alty punishment measures is obviously lag behind, which caused bility and ＂ improper punishment＂, and finally the functions of public can not be implemented. Therefore, the current laws and new development trends ： lowering - aged, group on of juvenile crime on criminal liability and pen- the problems of ＂incompatible guilt and responsi- criminal laws to prevent crime and inculcating the regulations should be adjusted to lower the mini- mum age of criminal responsibility, expand the scope of criminal responsibility of the relative - aged offenders and establish a rich and hierarchical criminal penalties system. Then the functions of laws to punish crime and inculcate the public can be realized, and the surge of serious juvenile crime can be controlled effectively.