A Study on the Localization of the Doctrine of Malicious Age Completion

DOI: https://doi.org/10.62517/jel.202514501

Author(s)

Haojie Wang

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

In recent years, juvenile delinquency in China has shown a trend of "younger age" and "increasingly serious nature". The current "one-size-fits-all" criminal responsibility age system faces difficulties in balancing the protection of minors and social interests. Although the Criminal Law Amendment (XI) has lowered the lower limit of criminal responsibility for some serious crimes to 12 years old, simply lowering the age standard is difficult to solve the problem. Against this background, this paper proposes to introduce the "malice completion of age system", aiming to reconcile the conflict between the rigid age standard and individual justice through flexible rules. The paper first analyzes the two major dilemmas of the criminal responsibility age system for minors in China: one is the "malicious age completion" that ignores individual cognitive differences, and the other is the imbalance of social justice caused by the tilt of interest protection. Then, it reviews the institutional practices abroad and extracts value inspirations such as flexible determination, diversified treatment, and the synergy of social forces. Finally, it determines the local application methods of the "malice completion of age system" through the determination of the scope of application, the determination of "malice", the burden of proof, and the combination with the correction mechanism.

Keywords

Malicious age Completion; Age of Criminal Responsibility; Age-Centrism; Benefit Protection; Indigenization; Malignity

References

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