%0 Journal Article %T On Applying the Provisions of Relative Criminal Liability Age in the New Criminal Code
论新刑法中相对负刑事责任年龄规定的适用 %A YUAN Fangmin %A
阮方民 %J 浙江大学学报(人文社会科学版) %D 1999 %I %X The new criminal code, passed by the NPC in 14March 1997,changed the extents of offences for which minors between the age of 14-16(called the person of assuming relatively criminal liability age) are criminally responsible for from 5 offences stipulated in the old code 8 offences in the new code, that is, the offences of intentional killing. causign others' severe injury or deathe in the coures of intentional injury, rape, robbery, trafficking drugs, arson, explosion, putting in poison, After comparative studies on the clauses of the new code, it can be foudd that the persons of assuming relatively criminal liability age should be responsible for certain offences othe than other than there 8 specified ones. First , the offence of intentional killing should include:(a) the offences of converting other types of offences into intentional killing according to the specific provisions of the code;(b)the the offences in which intentionally causing someone's death leads to aggravation results in accordance with the specific provisions of the code.Secondly, the offence of having sexual intercourse with a young girl under the age of 14should be included in the offence of rape. Thirdly, the offence of robbery should cover the offecce of seizing guns, ammunition and explosives. The reason for the widening explanation is that those offences are commited with the same criminal methods.Lastly, the offence of trafficking drugs should, nevertheless, not involve the offence of smuggling, transporting and manufacturing drugs because the different criminal measures are used in commiting these offences. %K criminal %K code %K criminal liability %K age
刑法 %K 刑事责任 %K 年龄 %U http://www.alljournals.cn/get_abstract_url.aspx?pcid=01BA20E8BA813E1924CB483152CA50D4FC5BD3CBB47B847F&cid=585D04A2453D8AD5DDFFE8BE5B16E24C&jid=D60DCFE5A8F7BD187924CADC70161E70&aid=F5941D3B457B2C49F38DE78B46B05985&yid=B914830F5B1D1078&vid=771469D9D58C34FF&iid=0B39A22176CE99FB&sid=28F8B56DB6BEE30E&eid=03A030BB0C519C60&journal_id=1008-942X&journal_name=浙江大学学报(人文社会科学版)&referenced_num=8&reference_num=0