2020年12月26号《刑法修正案（十一）》出台，本次修改最受关注和争议之处即是降低了刑事责任年龄下限。1979年我国首部刑法典问世，根据该刑法典规定，未成年人犯罪是指十四岁至十八岁的人犯罪。

1997年，刑法修订，因为“岁”在司法实践中引起的争议较大，给认定未成年人犯罪时的年龄带来困扰，所以该次修订中把“岁”改为“周岁”，刑事责任年龄的下限不变。

此后刑法历经多次修订，但刑事责任年龄的下限十四周岁一直未作改变，直至今年《刑法修正案（十一）》出台，将十四周岁的刑事责任年龄下限改为十二周岁。规定：已满十二周岁不满十四周岁的人，犯故意杀人、故意伤害罪，致人死亡或者以特别残忍手段致人重伤造成严重残疾，情节恶劣，经最高人民检察院核准追诉的，应当负刑事责任。

笔者对下调刑事责任年龄持保守意见，降低未成年人犯罪率不能依靠下调刑事年龄，而应当依靠少年特殊刑事司法制度、未成年人福利保护、社会支持等刑罚之外的措施。

本次下调刑事责任年龄的社会背景是近两年多起未满十四周岁的未成年人犯下残忍罪行，引起了社会公众极大的愤慨和对降低未成年人刑事责任年龄的关注与讨论。但是，十四周岁的刑事责任年龄起点已经实行四十多年，并没有直接的统计数据表明近几年未满十四周岁的未成年人故意杀人事件比以往更多、更残忍。只是传播工具的迭代使得信息传播变得更为快捷，公众对事实的知悉度大大提升。

虽然今年以来，多地建立了少年法庭，最高检亦在刑事检察厅设立了少年犯罪检察工作指导处，上海市虹口区成立了未成年人刑事检察科，随后多地亦有跟进，但是，我国尚未建立起成熟的少年刑事司法制度。对于“非行少年”如何惩戒、教养，我国还没有摸索出自身的成功经验。

非行少年包括三类：犯罪少年，即达到刑事责任年龄，违反刑法的少年；触法少年，即未达到刑事责任年龄，触犯刑法的少年；虞犯少年，即参考其性格或成长环境，有可能实施犯罪或触犯刑法的少年，比如不遵从监护人教养，经常夜不归宿，与社会不良分子长期接触交往等。

在刑事责任年龄下调已生效的背景下，笔者认为有几件重要的事情应该尽快落实。本文主要分为四大部分论述：

第一部分介绍未成年人刑事责任年龄制度，讲述刑事责任年龄、未成年人刑事责任年龄的概念，设立未成年人刑事责任年龄制度的理论基础。

第二部分介绍当今世界未成年人刑事责任年龄学说与制度现状，详细说明划分刑事责任年龄的学说、当今世界主要国家刑事责任年龄制度现状。

第三部分讲述我国未成年人刑事责任年龄现状与争议，以及降低最低刑事责任年龄和维持十四岁刑事责任年龄理由，最后是笔者关于争议的思考。

第四部分是降低刑事责任年龄之后少年司法制度应该如何建设，这是个很大的问题，笔者限于所学与社会经验，只陈述笔者认为重要的几个方面。一是我国应该尽快将触法少年、触法儿童、虞犯少年纳入司法监管的范围。二是应尽快成立少年警察队伍。三是在公安、检察院、法院等部门的协作配合下，展开针对涉罪未成年人社会调查服务。四是强制非行少年法定代理人参与亲职教育。

Introduced on December 26, 2020, the Criminal Law Amendment Act (11) has lowered the minimum age of criminal responsibility, bringing heatedly debate over the decision.

The first Criminal Law of the People's Republic of China was brought out in 1979, stipulated the term “minor crimes” to crimes that committed by persons between 14 and 18 years of age. In 1997, the Criminal Law has revised and identified “years” as “full age” to avoid controversies of the term when determining the age of minors of committed crimes. Noteworthily, The 1997 version has not adjusted the age limit of bearing criminal responsibility.

Since then, the criminal law has been revised several times, but a minor aged below 14 was not considered shall bear any criminal responsibility until the Criminal Law Amendment Act (11) issued this year, lowering the age limit of criminal responsibility from 14 to 12 years old.

According to the revised regulations: A person who has reached the age of 12 but not the age of 14 who commits the crime of intentional homicide or intentional injury, even causing severe injury or death by special cruel methods, resulting in serious disability, and other bad circumstances shall bear the criminal responsibility under the prosecuting of Supreme People’s Procuratorate.

However, a conservative opinion was held by this dissertation on lowering the age of criminal responsibility. It is considered that the controlling of minor crime rate shall not rely on lowering the criminal age, but should be carried by measures other than penalties such as the special minor crimes justice system, the welfare protection of the minors, as well as social support.

The social background of this adjustment of criminal responsibility age is the growing cruel cases committed by minors under the age of fourteen within recent two years. The cases, which have aroused great indignation from and concerns the public, and led to discussions about lowering the age of criminal responsibility for minors. However, the age limit of criminal responsibility has been set in 14-year-old for more than forty years, and there are no direct statistics showing the intentional homicides by minors under the age of fourteen has grown in recent years. And a possible reason for the growing public concerns originates from the iteration of communication tools, which helps the spreading of information dissemination and improved the public's consumption of the facts.

Despite more minor courts have been established since this year, a Juvenile Delinquency Prosecution Office has set up by the Supreme People’s Procuratorate and more subsequent follow-up actions have been followed around the country, China has not yet established a mature criminal justice system for minors. As for how to discipline and educate " juvenile delinquency", China has yet to find out its own path.

Juvenile delinquency includes three types: minors who have reached the age of criminal responsibility and violated the criminal law; minors who have not reached the age of criminal responsibility and have violated the criminal law; and minors who have possibilities committing crimes referring to their personality or growth environment, for instance, those who failed to follow the guardian's upbringing,  or those who often staying out all night, or those who have long contacted with individuals that violated the laws.

In the context that the lowering of criminal responsibility age limits has taken effect, it is believed that several essential steps shall be implemented as soon as possible. This article will discuss the issue from four aspects: starts with the discussion on the age system of criminal responsibility for minors, including explanations of the concepts on criminal responsibility age limits and in particular, the minors. While establishing the theoretical base of the age system for minors’ criminal responsibility.

The second part introduces the main theories of criminal responsibility age limit and the corresponding regulations in different legal law system around the world. Through detailed explanations on the theories of dividing the age of criminal responsibility, this part helps connect the current law settings of minors criminals in major countries.

The third part explains the current situation and main arguments of the age limits of criminal responsibility in China, as well as emphasises the core reasons for lowering the age of criminal responsibility or maintaining the 14-year-old limit. Reflections by the author over the controversy are also presented in this part.

Finally, the last part is discussing how to establish a justice system for minor criminals after the lowering of criminal responsibility age limits, which is a core problem. The discussion is partly limited by the knowledge and social experiences of the author, while still including the following aspects:

Firstly, it is strongly suggested that China should bring juvenile delinquency into the monitor by judiciary authorities as soon as possible; a police force special for minor criminals should also be established. In addition, with the cooperation of public security, procuratorates, courts and other judiciary departments, it is necessary to launch a social investigation service for minor criminals. And a mandatory parent education for the legal representatives of these juvenile delinquencies is also necessary.