The Study On Criminal Responsibility Fundamental Principium

Criminal responsibility is an important subject of criminal theory and judicial practice. Since the matter of it is so abstruse, so far there still are opinions vary about it. This doctor dissertation titled "The Study on Criminal Responsibility Fundamental Principium" is designed to search out the fundamental principium and spirit by reviewing lengthways and comparing transversely, in order to provide some basic information and the author's opinions for the establishment and improvement of criminal responsibility theoretical system in China. The dissertation consists of five parts.Chapter One is the introduction which aims at pointing out the main problems about how realizing the criminal responsibility theory through chiefly introducing the origin and evolution of it. After that the research task and methodology of this paper are indicated. To be brief, this dissertation will discuss upon those fundamental issues such as the criminal responsibility concept, essence, foundation and function by using the methodology that are historical review which combines with comparing analysis and rational thought which combines with demonstration explain. Chapter Two discusses and research on the concept of criminal responsibility. The author points out that the criminal responsibility which is differ from the responsibilitilism of criminal culpability predicating the doer's mind---culpability means as responsibilitilism of sentencing in western criminal law. However, those constitute fundamental principle of the west law responsibilitilism, that is the modernized and humanitarianism symbol of criminal law. Here the author analyzes and discuss the meaning of responsibilitilism, culpability and criminal responsibility severally in-depth. But in ex-Soviet Russia and Russia, the criminal responsibility, which is far differ from the western criminal responsibility system, first emerges as a legal term in criminal law as well as an independent part of criminal theory. So the paper expounds all kinds of viewpoints about criminal responsibility in its relevant historical background. After analyzing the concept and character of criminal responsibility in the west, ex-Soviet Russia and Russia, the author concludes what the meaning of criminal responsibility concept should be considering the current theories and practices in China. The so-called criminal responsibility refers to an appropriate quality or state of a criminal should be bearing that is imposed on by the country on the basis of hiscrime according to criminal law. Chapter Three discusses on the essence of criminal responsibility. At the beginning of this article the category boundary about criminal responsibility essence is made for fear confusion, and in the author's opinion, the criminal responsibility essence means what the rationality is for criminal responsibility. This dissertation tries to induce internal hypostasis of criminal responsibility through analyzing three points of view, that is, moral responsibility and social responsibility in the West one by one. Then the author points out it should be an organic integrity composed of humanity moral property and social evaluation in China.Chapter Four is the part about foundation of criminal responsibility. The author considers that it is the base from which a criminal responsibility comes into being and develops. Firstly the paper shows that it is what fact on which a criminal takes on his criminal responsibility bases or the country imposes in western law system at different historical periods by setting forth the theory of criminal responsibility foundation from the will liability, character liability to personality liability. Secondly, the paper introduces, in detail, the establishment, theoretical background and content of the classical formulary---'the material constitution of crime is the only foundation for criminal responsibility' in ex-Soviet Russia and Russia criminal law. Finally, depending on comparing analysis, the author brings up that the criminal responsibil...