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The History and Development of Criminal Responsibility of Young People in Chinese Criminal Law

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posted on 2025-03-20, 08:44 authored by Xiaotong LI, Andra le Roux-KempAndra le Roux-Kemp

While literature abounds on youth crime in the context of historical and contemporary criminal law in Western jurisdictions, there is little focus on the legal history of young age markers in determining criminal responsibility or deciding just sentences in Chinese law. Yet, in Chinese criminal law, young offenders have been treated differently based on their age for a long time, going as far back as 3000 years ago. The age of criminal liability is an important indicator in tracing such differences in criminal law and its development. Thus, this article addresses this by providing a comprehensive legal-historical overview of the recognition and development of young age markers in Chinese criminal law. In tracing this legal history, unique features of Chinese criminal law, with regard to how, when and to what extent the relatively young age of offenders has been and is recognized in the context of criminal legal proceedings are highlighted.

History

School affiliated with

  • Lincoln Law School (Research Outputs)

Publication Title

Research Handbook on Youth Criminology (ed. by Greg Martin Professor of Criminology and Estrella Pearce)

Publisher

Edward Elgar Publishing

ISBN

9781035300747

Date Submitted

2020-12-13

Date Accepted

2023-12-05

Date of Final Publication

2025-07-01

Open Access Status

  • Not Open Access

Publisher statement

TO BE UPDATED UPON PUBLICATION: This is a draft chapter/article. The final version is available in [insert book title] edited by [insert editor(s) or author(s)], published in 20xx, Edward Elgar Publishing Ltd http://dx.doi.org/10.4337/978XXXXXXXXXX.000XX It is deposited under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.

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