On The Rationality Of The Punitive Legal Responsibility

Nowadays,rationality has been the basis of human being's knowledge,belief and behavior,and for them to choose their any rules. As a kind of man-made reality compulsion for freedom,the effective operation of the punitive legal responsibility depends on the meeting of minds on the rationality of its establishment and the course of attribution. In this article,the author inquires mainly into the value reasonableness and practice reasonableness of the punitive legal responsibility,i.e.,explores the guidance value and practice principles of the punishment's establishment and attribution in the legislation and judicature.The train of author's thought is to analyze,with the focus on criticism,the theories of legal responsibility in history,then on the basis of criticism,to form the methods to solve the problems of the rationality of legal responsibility. The value rationality basis of legal responsibility should be ethical and lead to good. Its premise should be that individual person has his freewill and it should have the goals of ensuring individual freely development. Individual freedom is the subjective basis and morality restriction for the attribution of legal responsibility. But when we read the history and development of legal responsibility on the aspect of positivism,we will find that the motive to establish legal responsibility and the reasons to use a certain kind of attribution principle are to meet the needs of social unity. But it is not the practice of the above-mentioned ethic basis. Social unity is the objective and reality foundation for the attribution of legal responsibility. So in practice,to the legal responsibility,its basis of the rationality should be the balance between individual freedom and social unity. Freedom principle,unity principle,toleration principle and society-regression principle are the balance principle for individual person and the society. In the article,the research has also widely involved in the disputed problems in the field of responsibility,such as:the national liability,legal person's liability,strict liability,the wrong legalization,the quantity determination for the punishment etc.Author:She-JunchenDirected by Prof. Zhou-Yongkun & Hu-Yuhong.