最低刑龄制度应对未成年人犯罪的困境与出路

Dilemmas and Ways out of the Minimum Age System to Deal with Juvenile Delinquency

摘要: 近来，各地发生多起未满14周岁的未成年人故意杀人案件，引得社会广泛关注。舆论的焦点主要还是在于《刑法》中最低刑事年龄在应对未成年人犯罪时存在的现实矛盾与冲突，“未龄不责”、“未龄轻责”、“未龄免死”等处罚结果也引发了社会强烈的不满情绪，使得最低刑龄制度在应对未成年人犯罪方面已经出现困境。对此，本文研究将立足于最低刑龄制度，进一步从理性层面考虑，探究最低刑龄制度应对未成年人犯罪的出路，以促进未成年人健康成长并维护社会稳定。

Abstract: Recently, a number of cases of intentional homicide of minors under the age of 14 have occurred in various places, attracting widespread social attention. The focus of public opinion is still mainly on the minimum criminal age in the Criminal Law in response to the existence of minors in the crime of the reality of contradictions and conflicts, “not responsible for the age”, “lightly responsible for the age”, “the age of exemption from death “and other punishment results have also triggered strong social discontent, making the minimum age system in response to juvenile crime has been a dilemma. In this regard, the research in this paper will be based on the minimum sentencing age system, and will further consider from a rational level, exploring the way out for the minimum sentencing age system to cope with juvenile delinquency, in order to promote the healthy growth of minors and maintain social stability.