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随着老龄化的加剧,老年人犯罪率也呈上升趋势。将死刑适用于犯罪的老年人,貌似符合社会公平和正义,然而,这却是有违刑罚分配理论的。以报应和功利限制为核心的刑法分配理论是老年人犯罪免死的合理性基础,是符合刑罚的人道性、公正性价值理念的,也符合刑法的目的。
With the aggravation of aging, the crime rate of the elderly is also on the rise. The application of the death penalty to the criminal elders appears to be in line with social fairness and justice. However, this is contrary to the theory of the distribution of penalties. The theory of distribution of criminal law with retribution and utility limitation as its core is the reasonable basis for the elderly to avoid crimes and is in conformity with the humanitarian and impartial values of punishment. It is also in line with the purpose of criminal law.