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成年人进入老年阶段后,其辨认和控制自己行为的能力逐渐下降,我国今年刚刚开始实施的刑法修正案(八)首次对老年人犯罪做出了特殊的法律规定。该规定比照未成年人与精神病人赋予了老年人特殊的刑事责任能力,具有里程碑的意义。但对老年人刑事权益的保护尚缺乏具体的配套规定,应借鉴古今中外立法,从刑法和刑事诉讼法两个层次,完善老年人刑事权益保护制度。
As adults enter the old age stage, their ability to identify and control their own behavior gradually declines. The Criminal Law Amendment (8), which China has just started to implement this year, has for the first time made special legal provisions on the crimes committed by the elderly. This provision, in the light of the special criminal responsibility entrusted to the elderly by minors and mental patients, is of milestone significance. However, there is still no specific provisions for the protection of the criminal rights and interests of the elderly. Reference should be made to the existing legislation at home and abroad, and the system of protecting the rights and interests of the elderly should be improved from the two levels of criminal law and criminal procedure law.