当今,世界上许多国家的刑法对负刑事责任能力的上限均作出了明确规定,但我国刑法中没有上限的规定,实乃立法和司法的缺憾。据预算2025年我国每四个人中将有一个老人,届时老弱病残者犯罪问题也将是一个严重的社会问题。本文认为健康和年龄因素,对老弱病残者犯罪负刑事责任的影响,在立法中应予体现,以促进社会的和谐进步,这也是国情的需要。 Nowadays, the criminal law of many countries in the world has clearly stipulated the upper limit of the criminal responsibility. However, there is no upper limit in the criminal law of our country, which is really a shortcoming of legislation and judicature. According to the budget, there will be one elderly person out of every four people in our country by 2025. By then, the criminality of the elderly and the disabled will also be a serious social problem. This article considers that the influence of health and age factors on the criminal responsibility of the elderly and the disabled should be reflected in the legislation so as to promote the social harmony and progress. This is also the need of the national conditions.