China Localization Strategy for Malice Supply Age Rule

• 발행기관: 아시아사회과학학회
• 저자명: Xinyu Liu Pengling Li
• 간행물 정보: 『Journal of Asia Social Science』Vol.11 No.3, 89~109쪽, 전체 21쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2023.12.31

국문 초록

Currently, China is experiencing an increase in juvenile delinquency. The current regulatory framework is inadequate and requires urgent enhancement due to the evident risk behaviors observed in the 12-14 age demographic. The proposed rule of Malice Supply Age, rooted in the Anglo-American legal framework, aims to evaluate the subjective malice of juveniles involved in criminal offenses. In implementing this guideline, we must eschew mechanical imitation and instead perform localized transformations that reflect China’s specific circumstances to enhance compatibility with its legal framework. We must reduce our reliance on actual harm outcomes and prioritize risk assessment instead. Integrate psychological assessment and behavioral analysis to scientifically identify “malice” and build an appropriate judicial expertise system for help. The integrated approach of teaching and punishment is a crucial method for attaining the dual objectives of preventing and correcting juvenile misbehavior. This initiative seeks to invigorate the establishment of socialist rule of law in China and advance the ongoing development and enhancement of legal governance.

목차

Introduction

Ⅰ．China’s Criminal Responsibility Age Scheme

Ⅱ．Malice Supply Age Rule

Ⅲ．Applicability of Malice Supply Age Rule

Ⅳ．China Localization Strategy for Malice Supply Age Rule

Ⅴ. Conclusion

References

키워드

Malice Supply Age Rule Design of Localization Malevolent Acts Perpetrated by Juveniles