Reflection and Reconstruction of the Juvenile Criminal Responsibility Age System

DOI: https://doi.org/10.62517/jel.202614508

Author(s)

Yunxi Wei

Affiliation(s)

Law School of Panzhihua University, Panzhihua, Sichuan, China

Abstract

With the advanced physical development of minors and the rapid spread of harmful online content, there have been a series of violent crimes committed by very young criminals in China, such as the Handan murder case in 2024, which has sparked continuous public discussion. In response to these problems, the Criminal Law Amendment (XI) conditionally lowered the minimum age of criminal responsibility from fourteen to twelve. This article believes that dealing with the symptoms of juvenile crime based on age alone cannot be fundamentally solved, and the open content of the new provisions, such as "especially serious circumstances", will create interpretational uncertainty and expand judicial discretion. Through the analysis and comparison of experience, this article explores two complementary reform paths: one is a flexible age of responsibility mechanism to assess the actual cognitive and control ability of each minor; the other is the standardized "malicious age determination" rule, which is applicable to children aged seven to twelve under strict procedural guarantees. It advocates that the adjustment of any age threshold must be embedded in a broader framework of the rule of law, including clear judicial interpretations, education-oriented penal measures, non-imprisonment alternatives, and rehabilitation projects that support social reintegration. Through such a systematic reconstruction, China can find a lasting balance between social defense and the special protection of minors.

Keywords

Juvenile Crime; Criminal Responsibility Age; Flexible Criminal Responsibility Age System; Malicious Supply Age Rules

References

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