Criminal Responsibility And Realization Of Criminal Law Value

Criminal responsibility is the core of criminal legislation and criminal justice. Realization of criminal value lies in criminal law's practice. Then, what the realizationship between criminal responsibility and the realization of criminal vaule has been the problems of this article researched.If we want to have a clear view on the position and role of criminal liability which play in the realization of criminal law value, we firstly shold have a clear concept about criminal liability. In a broad sense,we regard criminal liability as one kind of legal liability.As to its concrete meaning,there are five types of theorys issue in criminal jurisprudence circle. We hold this view .criminal liability is a kind of burden with criminal punishment, defined by country,beared the criminal punishment,because he or she executed criminal action. The substance of criminal liability is a kind of burden,its essential property is disciplinary.The realization of criminal law is the life of criminal law's movement. The realization of criminal law value refers to that the transformed criminal rules idto persons behavior,this trasformation is a complicated, law solity process.Modern criminal law value is the unity of human rights prelection and social protection,modern criminal law aims to be justice , reduction, humanity.We realization of criminal law value show mainly that criminal law human right protection and social protection can be realized by law practice , and the aim of criminal law value can be brought into reality. The ways of realization of criminal law value is to bring criminal value into realization by criminal legislation and criminal justice.Criminal legislation and criminal justice develop around the problem of criminal liability. So,criminal lability lies in the center position?of criminal law value realizetion. Criminal law values realization is completed by the realization of criminal liability, if criminal liability can be. realized,then,criminal law value can be realized,then, the criminal value can be realized. Firstly,criminal law value's correct establishment is the presupposition of criminal law value realization. Secondly,criminalresponsibilily's confirmation is the key of criminal law realization. Only confirming Ihe criminals criminal responsibility,the criminal can be thvestigated under criminal responsibility, and crime is fit for responsibility and penalty, in addition,by this way, the innocent person can be free from the bearing of criminal responsibility. Finally, the bearing of criminal responsibility can make the criminal law value's realization. Criminal responsibility was borg and the criminal receive the real condemnation and penalty, the distoryed social order was resumed. After the completion of bearing of criminal responsibility, the realization of criminal value assumes consequance situation. There are three ways to bear criminal responsibility criminal penalty,non criminal penalty criminal saction measure and free from criminal penalty.To better criminal responsibility theory is to promote the realization of criminal law value. Firstly, we should estabilish the crime responsibility criminal law system, and affirm criminal responsibility's independent unity position in legislation, and make it become abasic part of criminal lawl together with the crime. Secondly, and to make it reflect the crimial law value, criminal responsibility's document, content prescisely. Thirdly,the criminal responsibility's establishment should be correct and meticulous. Fourthly,criminal responsibility's confirmation and application should be economy and humanity.