The Theory of Relative Invariance of the Age of Criminal Responsibility

Authors

  • Pengqing Sun

Keywords:

age of criminal responsibility of minors;relative invariance theory;

Abstract

The problem of juvenile delinquency is caused by various factors such as minors themselves, families, society and the state, and is characterized by complexity. Amendment XI to the Criminal Law lowered the age of criminal responsibility to 12-14 years old, but it still cannot effectively solve the problem of juvenile delinquency. Compared with the "unchanging" and "lowering" theories in the academic field, the relative unchanging theory is more in line with the original characteristics of the age of criminal responsibility. The relative immutability theory is a theoretical proposition between the two aforementioned theories, based on philosophy, jurisprudence and criminal policy, which means that at the present stage, the age of criminal responsibility of minors should be kept stable, but not absolutely and steadily, but relatively, cautiously and conditionally adjusted.

Author Biography

Pengqing Sun

College For Criminal Law Science, Beijing Normal University, Beijing, China

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Published

2022-12-18

How to Cite

Sun, P. (2022). The Theory of Relative Invariance of the Age of Criminal Responsibility. Modern Law Research, 3(1). Retrieved from http://34.218.147.63/index.php/the-modern-law-research/article/view/233

Issue

Section

Articles(2022)