Children are the flowers of the motherland, and when the youth is strong, the country is strong.
This is people's expectation of the thriving youth and the result of historical development.
This is true in modern times, and it is true in ancient times.
In ancient times, the healthy growth of teenagers represented the continuation of the family, more productive forces, more capable people, more troops, and the strength of the country.
Therefore, in ancient times, respect for the elderly and strict education were emphasized, and family members treated the education of teenagers strictly.
But in addition, the law's humanistic care for juveniles is also no less, and it is comprehensive and full of wisdom.
Compassion for the young
Caring for the young is a theoretical idea born during the transition from a slave society to a feudal society.
In the Western Zhou Dynasty, people were already aware of the physical disparity between children and teenagers, and the difference in self-judgment and control.
Therefore, in the Western Zhou Dynasty, the dynasties that carried out the cruel punishments of the ancients had already begun to treat minors differently.
"The Book of Rites: Qu Li": "Eighty or ninety years old, seven years of mourning. Although mourning and mourning are guilty, no punishment will be added. ”
Those in their eighties and nineties are elderly, while those who are seven years old are "mourners", that is, young children.
Such people are "not punished", that is, they are completely free of "criminal responsibility", and they are not mitigated or treated differently as appropriate, but are directly removed from the control of the law.
There are also many interesting "judicial interpretations" that match the provisions of the law.
Considering the difference in physical development, strength and intellectual development between boys and girls, the age of 7 can be interpreted as the beginning of "changing teeth".
That is, to determine whether it is a child, it is not only necessary to see whether it is 7 years old, but if it has not started to change teeth, even if it is over 7 years old (if it is not a child), no penalty can be added.
In ancient times, the average life expectancy was short, and the age of children in charge of the family was also young, but the 7-year-old tooth replacement stage was still too "young" rather than "child" as the standard.
And in practice, some people develop early, have a strong body without teeth, and are completely at risk of committing crimes, while some children have teeth, but when faced with danger, the weak body is not enough to resist.
Therefore, in the heavy military Qin Dynasty, the standard of caring for young people became height.
"Zhou Li, Local Officials, Township Doctors": "Seven feet is twenty years, and six feet is fifteen years." ”
The Qin Dynasty raised the age limit for the protection of minors, and the age of 15 was completely incapacitated for criminal conduct, and the standard for judging 15 years old was 6 feet tall.
This height is capable of causing direct harm to others, not much different from adults, and the body functions are sufficient to cope with various matters in life.
Through the protection regulations for minors in the Western Zhou Dynasty and the Qin Dynasty, we can see that "caring for children" is not completely based on the real age, but more about the care of physical function and control ability.
writing
Codification is a law, which forms a stable system of norms.
After the Warring States period minted the "criminal book", the criminal code was inherited by successive dynasties, with more and more norms and a more and more complete system.
The same is true for the protection of minors, after the Han Dynasty, the protection of minors is not only to distinguish exemption from responsibility, but also to commute sentences, legitimate defense, preferential treatment and other aspects have also begun to be comprehensive.
"Under the age of eight, over eighty, if he kills people with his hands, he will not sit"
In the Han Dynasty, minors under the age of 8 were completely uncriminally responsible, except for killing with their own hands.
Moreover, in addition to showing compassion for the young, he began to be cautious in punishment and pursued procedural justice.
If a minor under the age of 7 kills with his own hands and is sentenced to death, he must go through the prison bail system and report to the court lieutenant for approval before execution, and no torture instruments or imprisonment are used in juvenile cases.
If there are excusable circumstances, such as defensive behavior, or counterattack behavior with "courtesy", and the disparity in power is too great.
For example, if a person kills someone by mistake while defending his parents, because of "filial piety", the punishment should be waived or commuted, or even commended.
Or a 7-year-old child who fights back and kills in the face of bullying from a 15-year-old, such a disparity in power can also reduce or exempt the punishment.
During the Wei and Jin dynasties, the concept of "limiting criminal responsibility" was born.
"Wei Shu Criminal Punishment Chronicles": "Under the age of 14, half of the sentence is reduced, 80 and 9 years old, non-murder will not sit"
During this period, the nine-year-old was a toddler, and there was no criminal responsibility at all, and he was not held liable unless he killed with his own hands.
The part of those over the age of nine and under the age of 14 who are persons with limited capacity for criminal responsibility shall be held criminally responsible for theft and other crimes, but the punishment shall be reduced by half, that is, the punishment shall be reduced.
This legal concept, which was used in criminal law in the modern world, appeared early in the Wei and Jin dynasties, which is not only the same path to the core of legal thinking, but also proves the spirit of the ancient people in the mainland who are good at thinking and exploring.
The pinnacle of maturity
"Tang Law Shu Yi" is a collection from the Warring States Qin and Han dynasties and even the Sui Dynasty, and it is also the pinnacle of the ancient written code of the mainland.
Similarly, the protection of minors became quite mature in the Tang Dynasty and gradually reached its peak.
The age division of minors in "Tang Law Shu Yi" is almost close to modern times.
The ultimate system of complete non-criminal responsibility was established, and children under the age of seven were no longer criminally responsible even if they committed homicide.
Parents who use their children, or who use children under the age of 7 to commit crimes, shall bear the corresponding criminal responsibility, and the children shall not bear the same responsibility.
The ultimate body of limited civil capacity is also determined at this time, children over 7 years old (excluding 7 years old) and under 10 years old, except for unforgivable felonies such as rebellion, rebellion, homicide, unfilial piety, and harm to elders, and other crimes, such as theft, are not subject to criminal liability.
Then there is the reduction system, for children over the age of 10 (excluding 10 years old) and under the age of 15, they should be held accountable for their own actions and bear criminal responsibility for all crimes, but the punishment should be reduced compared with that of normal adults.
Does this set of criminal age divisions and corresponding measures sound familiar?
Many modern countries follow such a three-tier standard, but there are differences in age.
At the same time, the age of criminal responsibility is matched by various measures of "procedural justice" and "substantive justice".
For minors under the age of 15, although some are subject to criminal liability, the penal penalty applies to minors.
That is, the crime is cleared through money, but there are some restrictions.
The "Famous Laws" of the Tang Law and Deliberations stipulate that the elderly under the age of 15 and under the age of 70, as well as those with physical disabilities or intellectual problems, can atone for their crimes (below the crime of exile).
However, the Code of Names later added a restrictive clause:
"Those who commit the flow of servitude, the flow of rebellion, and the forgiveness of the Jews do not need this law;
In the case of an additional sentence of exile (similar to the current method of additional fines), the main punishment is the death penalty, etc., or if the child is implicated in exile for crimes endangering national security such as family rebellion, such a person is not allowed to atone for his crime even if he or she is exiled.
However, the distance of the children's exile and the working conditions in the places of exile should be better than those of normal people.
For those aged 80 and under 10 (weaker) and those with disabilities or intellectual problems, a ransom can be paid to atone for the crime of exile.
The Tang Dynasty's prison reporting system was already very advanced, especially for juveniles, and if the ransom cannot be applied when the disadvantaged group commits a crime, the sentence can also be commuted through petition.
In addition, juveniles are not allowed to be tortured, torture is prohibited to extract confessions, and at the same time, in the case of juvenile crimes, emphasis is placed on punishing "human traffickers" and "abandoners", and a "adoption system" has been established.
Therefore, the development of law in the Tang Dynasty was the culmination of history, and the relevant laws on the protection of minors became mature and gradually reached their peak at this time, and the basic framework logic was inherited by later generations.
There has been no shortage of good thinkers in China since ancient times, and the development of China's local law has been full of wisdom from the very beginning, and a set of measures regarding the division of the age of minors is applicable in many countries even in the world today.