未成年人利益最佳与刑事责任年龄的降低——兼评《刑法修正案(十一)》第一条
英文摘要:
The best interest of child is the first principle in dealing with all affairs of children. In the field of criminal law, the best interest of child needs to consider the interests of both the actor and the victim, focus on long-term development interests and pursue the optimization of interests. Based on the principle of the best interest of child, it is necessary to reduce the age for criminal responsibility in China. The practice of reducing the age for criminal responsibility in the article 1 of The Criminal Law Amendment XI is worth affirming. It does not mean launching a comprehensive penalty for young offenders to reduce the age of criminal responsibility but requires strict interpretation of the provisions under the guidance of the principle of the best interests of child so as to ensure the proper and reasonable judicial application. The governance of juvenile delinquency should not stop at the reduction of the age for criminal responsibility, but should pay close attention to the establishment of two levels of leniency, juvenile delinquency prevention, juvenile justice and elimination of criminal record and other supporting system construction, and build a governance system of juvenile crimes with multiple measures and multiple tracks.