未成年人犯罪低龄化应对研究——以“恶意补足年龄”规则为视角

Study on the Response to the Juvenile Delinquency at a Younger Age—Taking the Rule of “Malice Supplies the Age” as a Perspective

摘要: 随着未成年人犯罪低龄化态势渐趋严峻，我国僵化的现行刑事责任年龄制度难以契合未成年人身心发展的特殊性与差异性，难以彻底预防并整治未成年人犯罪低龄化现象。英美法系的“恶意补足年龄”规则对弥补我国现行最低刑事责任年龄缺陷、遏制未成年人犯罪低龄化趋势极具参考价值。在分析引入该规则必要性的基础上，可从明确“恶意”认定及证明标准、规则适用年龄范围及罪名类型等方面构建我国本土化“恶意补足年龄”规则，为完善低龄未成年人犯罪治理提供助力。

Abstract: As the trend of juvenile delinquency at a younger age is becoming more and more serious, China’s rigid existing age of criminal responsibility system is difficult to adapt to the special characteristics and differences of the physical and mental development of minors, and it is difficult to prevent and rectify the phenomenon of juvenile delinquency at a younger age completely. The rule of “Malice Supplies the Age” in the common law system is of great reference value to make up for the defects of the existing minimum age of criminal responsibility in China and curb the trend of juvenile delinquency at a younger age. On the basis of analyzing the necessity of introducing this rule, China’s localized “Malice Supplies the Age” rule can be constructed in terms of clarifying the identification of “malice” and the standard of proof, and the scope of age and crimes to which the rule applies, in order to provide assistance for perfecting the governance of crimes committed by underage minors.