Research on Strategies for Lowering the Age of Criminal Responsibility for Minors Driven by Judicial Cases
Year: 2025
Type: article
Abstract: The controversy surrounding the adjustment of the minimum age of criminal responsibility for juveniles, driven by judicial cases, essentially centers on the tension between deterrence through punishment and the protection of minors. Taking low-age heinous crimes in judicial practice as the entry point, this study systematically dissects the theoretical foundations, legislative motivations, and practical driving logic underlying the adjustment of the minimum age of criminal responsibility. It argues that the adjustment must be predicated on strictly defined applicable conditions, and through the establishment of a dynamic evaluation system that integrates the gravity of criminal conduct and individual culpability, achieve precise calibration of penalties. Concurrently, it necessitates the implementation of special safeguard mechanisms within criminal procedural frameworks and the development of pathways for the integration of penal execution with social rehabilitation measures to mitigate the risk of institutional distortion. This study innovatively proposes a closed-loop research framework of "judicial cases-legislative response-institutional refinement," offering theoretical underpinnings and institutional recommendations for resolving the dilemmas in the governance of juvenile delinquency.
Source: Science of Law Journal
Author: Zhang Yining
Institution: Qingdao University of Science and Technology
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411398295