Research on Strategies for Lowering the Age of Criminal Responsibility for Minors Driven by Judicial Cases

The controversy surrounding the adjustment of the minimum age of criminal responsibility for juveniles, driven by judicial cases, essentially centers on the tension between deterrence through punishment and the protection of minors. Taking low-age heinous crimes in judicial practice as the entry point, this study systematically dissects the theoretical foundations, legislative motivations, and practical driving logic underlying the adjustment of the minimum age of criminal responsibility. It argues that the adjustment must be predicated on strictly defined applicable conditions, and through the establishment of a dynamic evaluation system that integrates the gravity of criminal conduct and individual culpability, achieve precise calibration of penalties. Concurrently, it necessitates the implementation of special safeguard mechanisms within criminal procedural frameworks and the development of pathways for the integration of penal execution with social rehabilitation measures to mitigate the risk of institutional distortion. This study innovatively proposes a closed-loop research framework of "judicial cases-legislative response-institutional refinement," offering theoretical underpinnings and institutional recommendations for resolving the dilemmas in the governance of juvenile delinquency.

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Publication Details

Journal
Science of Law Journal
Published
2025-01-01
DOI
https://doi.org/10.23977/law.2025.040320
Primary Topic
Educational Reforms and Innovations
Type
article
Field-Weighted Citation Impact
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article

Research on Strategies for Lowering the Age of Criminal Responsibility for Minors Driven by Judicial Cases

Science of Law Journal
Educational Reforms and Innovations
article

Research on Strategies for Lowering the Age of Criminal Responsibility for Minors Driven by Judicial Cases

article en

Abstract

The controversy surrounding the adjustment of the minimum age of criminal responsibility for juveniles, driven by judicial cases, essentially centers on the tension between deterrence through punishment and the protection of minors. Taking low-age heinous crimes in judicial practice as the entry point, this study systematically dissects the theoretical foundations, legislative motivations, and practical driving logic underlying the adjustment of the minimum age of criminal responsibility. It argues that the adjustment must be predicated on strictly defined applicable conditions, and through the establishment of a dynamic evaluation system that integrates the gravity of criminal conduct and individual culpability, achieve precise calibration of penalties. Concurrently, it necessitates the implementation of special safeguard mechanisms within criminal procedural frameworks and the development of pathways for the integration of penal execution with social rehabilitation measures to mitigate the risk of institutional distortion. This study innovatively proposes a closed-loop research framework of "judicial cases-legislative response-institutional refinement," offering theoretical underpinnings and institutional recommendations for resolving the dilemmas in the governance of juvenile delinquency.

Science of Law JournalVol. 4(3)
Qingdao University of Science and Technology (CN), Shandong University of Science and Technology (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 82%
Educational Reforms and Innovations
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Research on Strategies for Lowering the Age of Criminal Responsibility for Minors Driven by Judicial Cases · Science of Law Journal (2025) | TGRS Research Map | TGRS