The Realization Of The Criminal Responsibility

Criminal responsibility is an important issue in the theory of criminal law andcriminal justice. It not only refers to many basic theories of legislation, but also hasconnections with many questions of reality like trial and execution of punishment injuridical practice. Therefore, it’s necessary to do deeper research into criminalresponsibility.Chapter one discusses the substance of criminal responsibility and clarifies somebasic theories of it. The conception, classification and functions are defined firstly. Itexists different views on criminal responsibility’s definition in theory. It should bedefined around three aspects: compulsory, explicit and special. Legal responsibilitycan be classified according to different standards. Generally speaking, it can beclassified into two types (public responsibility and private responsibility) and threekinds (criminal responsibility, civil responsibility and administrative responsibility).Legal responsibility have three functions: punishment (retribution), prevention, andrelief. But criminal responsibility should be considered on the sense of adverseconsequence, which means adverse legal consequences to the doer.Chapter two discusses general theory about the realization of criminalresponsibility. Firstly we should clarify the basic problems of legal responsibility. Therealize of legal responsibility is the unification of process and results. From the angleof its state, it can be divided into dynamic realizing process and static realized result.The realize of legal responsibility means the process of achieve it in reality life in theformer, while it means the degree of achievement or the degree (level) it is carriedout in reality in the later. Since we divide legal responsibility into two types (publicresponsibility and civil responsibility) and three kinds (criminal responsibility, civilresponsibility and administrative responsibility), so when it comes to the realizationof legal responsibility, it can also be divided into two types and three kinds incorrespondence: the realization of public responsibility (the realization of criminalresponsibility, the realization of administrative responsibility) and the realization of private responsibility (the realization of civil responsibility). Methods of realizationof legal responsibility includes punishment, compensation and compulsion. Therealization of criminal responsibility means the negative evaluation and furtheradverse consequences on it. It includes two stages: criminal responsibility’s executionand termination. Criminal responsibility’s execution means that the criminal actuallytakes criminal responsibility by the specific means made by judgment after the court’sguilty verdict comes into effect. And criminal responsibility’s termination meanscriminal’s liability has finished and its aim has realized. Methods of the realization ofcriminal responsibility includes three types: punishment, convict with no criminalpunishment and non-penalty punishment. The last part of this chapter also discussesthe conditions for setting up criminal responsibility.Chapter three discusses conditions the virtuous realize of criminal responsibility required, which contains institutional conditions and practical conditions.In institutional aspect, some principles should be followed, like principle of rationale, modesty, moderation and harmony. The content of institutional conditions is the preciseness, appropriation and clear of criminal responsibility’s enactment. In practical aspect, firstly, it is influenced by legal consciousness. Secondly, the virtuous realize asks for two subjective conditions: one for natural person’s crime, another for judicial official and law enforcement officer. Thirdly, thevirtuous realize need some objective material condition, not only the defendantand his legal representative but also judicial authority and law enforcement office should have certain economical condition.Chapter four offers some constructive proposals about the virtuous realize ofcriminal responsibility, mainly analyses the present defect influence it and offer aproposal. On one hand, some legislative defects do exist and need improvement, suchas the lack of rigor in the system of criminal responsibility, the lack of appropriationand definition in setting responsibility. On the other hand, some practical defects alsoexist, which need further improvement. Firstly, it requires reasonable social legalconsciousness to overcome traditional legal culture’s negative effect. Secondly, thejudicial body also should be constructed reasonably, which demands to strengthen public officer’s law-abiding sense and improve supervisory mechanism. Thirdly, thevirtuous realize should be promoted through material condition’s insurance.