“幼有所养,老有所终”是自古至今社会共同追求的理想,而“夕阳无限好,只是近黄昏”早在唐代就道出了对老年生活的留恋和惋惜。然而,随着医疗卫生条件的逐步改善和生活水平的日益提高,我国人口老龄化趋势不断加剧,老年犯罪形势更加严峻,而相关法律和制度却呈现出结构性缺失。本文立足《刑修八》的相关规定,结合国内外立法历史,对老年犯罪从宽规定的合理性、具体不足进行分析,并在此基础上提出进一步思考和建议。 “Young and old, end of the old ” is the common pursuit of the ideal since ancient times, and “sunset is good, but near dusk ” as early as in the Tang Dynasty on the old life nostalgia and regret. However, with the gradual improvement of medical and health conditions and the ever-increasing standard of living, the trend of population aging in our country is aggravating day by day. The situation of the elderly crimes is more severe, while the relevant laws and systems have shown structural deficiencies. Based on the relevant provisions of “Xiu Xiu Ba”, combining with the history of legislation at home and abroad, this article analyzes the rationality and specific shortcomings of the old age crime from the broad stipulations, and on this basis puts forward further thoughts and suggestions.