A Probe into the Localization of the Malicious Complementary Age Rule

Abstract

In recent years, the trend of juvenile delinquency is becoming more and more obvious, and the discussion on the reconstruction of the age system of criminal responsibility in China is becoming increasingly fierce. For the plight of the age system of criminal responsibility in China, the introduction of the “malicious supplement age” rule can further clarify the concept of juvenile criminal legislation in China, which is conducive to the improvement of the age system of criminal responsibility in China, and can better guarantee the value requirements of realizing the fairness and justice of criminal law. The introduction of the “malicious supplement age” rule should determine the scope of application, the applicable subject, and the judgment standard of “malicious” to prevent judicial arbitrary behavior. At the same time, it should also limit the necessary standards for juvenile punishment, so as to achieve the fundamental purpose of effectively controlling juvenile delinquency and effectively protecting the legitimate rights and interests of minors.