Features of Criminal Liability of Minors, Based on Comparative Analysis of the Legislation of the Russian Federation, the People's Republic of China, Japan and the Republic of Korea

The paper analyses the criminal responsibility of minors through a comparative analysis of the legislation of the Russian Federation, the People's Republic of China, Japan and the Republic of Korea. The objectives of current study are comparison of the juvenile justice systems of the respective states; identification of shortcomings in the existing legislation and the process of its implementation; together with detection of ways to improve the effectiveness of measures directed to combat crime among minors in Russia. The paper consists of four sections covering (1) the state policy on juvenile offenders; (2) the age at which persons are subjected to criminal liability in the status of minors; (3) juvenile justice systems; and, finally, (4) measures of criminal responsibility applied to minors. As a result of the study, the following conclusions were made: 1. Despite lenient policy regarding juvenile offenders, there is a common to all four countries tendency to increase their criminal liability; 2. Although the minimum age of criminal responsibility in four states is 14 years, the upper limits and gradation of criminal responsibility of minors vary, and the framework is not always justified;   3. At the current stage of the development of the juvenile justice system in Russia, the creation of independent courts that would deal with juvenile cases is irrational: above all, it is necessary to properly stabilize the activities of already functioning institutions; 4. The main difference between the examined systems of criminal punishment for minors is the application or, conversely, the non-application to them of the most severe punitive sanctions such as life imprisonment and the death penalty. For the rest, the criminal liability measures are generally similar to those already existing in Russia and are not of interest in the comparative study.