The Localized Institutional Construction of the “Malice Supplies the Age” Rule in the Governance of Crimes Committed by Young Minors
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Keywords

Age of criminal responsibility
Juvenile delinquency
“Malicious age supplementation” system
Localization

DOI

10.26689/ssr.v8i7.15767

Published : 2026-08-14

Abstract

The XI Amendment to the Criminal Law of the People’s Republic of China adjusted the age of criminal responsibility, but limitations remain. This paper introduces the “malicious age supplementation” system, which presumes that minors lack criminal responsibility in principle, but can still be held criminally liable if there is sufficient evidence to show that they acted with malice at the time of the crime. Based on China’s judicial practice, a specific construction plan for China’s age of criminal responsibility system is proposed. The “malicious age supplementation” system meets China’s legal needs and is practically feasible, providing a systemic reference with both theoretical and practical value for the governance of juvenile delinquency in China, promoting the development of China’s juvenile criminal responsibility system, and achieving a dynamic balance between social interests and the rights of minors.

References

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