We discussed the adjustment of the age of criminal responsibility for minors in the Criminal Law of the People's Republic of China, especially the provision in Amendment XI of the Criminal Law that stipulates that minors aged 12 to 14 shall bear criminal responsibility in specific serious criminal cases. This regulation introduces the procedure for approving prosecution of minors, requiring that under specific charges and circumstances, with the approval of the Supreme People's Procuratorate, underage minors shall bear criminal responsibility. The chapter points out that although the establishment of this program has practical needs and social benefits, the current legislation lacks sufficient explanation, leading to the risk of program failure and abuse in practice. Therefore, further research results are needed to clarify the regulatory content and program design.
In depth exploration of the normative interpretation of the approved prosecution procedure for minors, emphasizing the interrelationship between the normative background, original intention, and purpose. In terms of background, it is pointed out that the active criminal legislation during China's social transformation period, the frequent occurrence of juvenile delinquency cases, and the sufficient research on the age of criminal responsibility within and outside the region are the three major backgrounds for the promulgation of the provisions on the approval and prosecution of minors. In terms of original intention, the clause on the approval and prosecution of minors is aimed at protecting minors, reflecting the principle of "two-way protection", which not only combats crime and maintains social stability, but also protects the rights and interests of minors involved. In terms of purpose, this clause aims to maintain juvenile justice fairness, ensure the correct application of the law, unify prosecution standards, prevent wrongful prosecution, and achieve judicial fairness.
This article explores the procedural elements of the approval and prosecution procedure for minors from the perspective of criminal law doctrine. Firstly, the crimes of intentional homicide and intentional injury should be expanded and interpreted as acts of intentional homicide and intentional injury, serving as the elements of procedural initiation. Secondly, the result elements of program startup include causing death or severe disability through particularly cruel means. Thirdly, "bad circumstances" is the element of circumstances that the minor suspect's crime meets the requirements of the approved prosecution procedure. Specifically, if a young minor commits intentional homicide or intentional injury, and meets other conditions, even if they are not convicted of intentional homicide or intentional injury, they should still be subject to the juvenile prosecution procedure and bear criminal responsibility. In addition, the criteria for determining "particularly cruel means" include three aspects: the method of killing, the victim's feelings, and the public's acceptability. Finally, the judgment of "heinous circumstances" should be comprehensively considered from three aspects: the subjective malice of young minors, the harmful consequences caused by their behavior, and the social harm.
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