Reflection and Reconstruction of Criminal Sentencing Rules for the Elderly under the Background of Aging Society——Taking 132 Judgment Documents as Analysis Samples
In the context of an increasingly aging society,the elderly are committing crimes at a high rate and have become important objects of judicial criminalization and sentencing.The empirical analysis of judicial cases reveals that there are many shortcomings in the sentencing rules of crimes committed by the elderly,such as the mismatch between the principle and basis of lenient punishment for elderly offenders and the social reality,the overly prevalent application of fines,and loopholes in the provisions of death penalty.Based on the reality of the aging society,we should abolish the leniency for the elderly offenders based solely on age,apply fines prudently,amend the minimum age of elderly offenders applicable for death penalty,so as to perfect the sentencing rules of crimes committed by the elderly in China.
crimes committed by the elderlysentencinglenient punishmentfinesaging population
NETL
NSTL
万方数据
