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就当前立法而言,我国相关法律对未成年人、怀孕妇女及盲聋哑人等特殊群体的刑事责任能力均有专门规范,而同样是弱势群体,无论是我国刑法典、单行刑法还是附属刑法中均没有老年人犯罪刑事责任的特殊规定,这种立法上的缺失,既不符合国际立法通例,也反映了我国现行法律对传统恤刑思想的断裂。因此,顺应世界轻刑化的立法趋势,为使老年人犯罪刑事责任更符合我国社会发展趋势,我国亟需在制度建设上对老年人犯罪作出适当从宽处理的特殊规定。
In the current legislation, relevant laws in our country have special norms for the criminal responsibility of special groups such as minors, pregnant women and the blind deaf-mutes. However, the same are the disadvantaged groups. Whether it is the criminal code of our country, the criminal law of a single line or the subsidiary criminal law There is no special provisions for criminal responsibility of the elderly criminal. Such lack of legislation neither meets the general norms of international legislation, but also reflects the rupture of the traditional criminal law in our country. Therefore, in line with the legislative trend of the world’s light punishment, in order to make the criminal responsibility of the elderly more in line with the trend of social development in our country, we urgently need to make special provisions on how to make appropriate leniency for the elderly crimes in system construction.