老、幼犯罪宽宥制度是我国古代一以贯之的法律传统,其萌芽于西周、初步形成于春秋战国、理论化于汉朝、法典化于唐朝、完善于明清,是民本思想在封建刑法制度中的集中体现。本文沿着历史的脉络,考察各个朝代对老、幼犯罪宽宥制度的规定,分析其不足与局限,为现行刑法所借鉴,完善我国法律对老年人和未成年人犯罪从宽处罚的规定。 The system of old and young children guilty of crimes is a consistent legal tradition in ancient China. Its germination began in the Western Zhou Dynasty. It was initially formed in the Spring and Autumn and the Warring States Period and became theorized in the Han Dynasty. Codification in the Tang Dynasty was perfected in the Ming and Qing dynasties. In the concentrated expression. Based on the historical context, this article examines the provisions of the dynasties on the system of forbidding criminals in their old age and juvenile dynasties, analyzes their shortcomings and limitations, draws lessons from the existing criminal law, and improves our law to punish leniency for the elderly and minors.