Several Essential Issues Of Criminal Responsibility

Criminal liability is one of the basic categories of the criminal law of the People's Republic of China. Definition making should be based on the combination of general principles of liability, legal liability and special characteristics of criminal liability. How to evaluate the base of criminal liability? Firstly, on the one hand, viewpoint of Marxism with respect to relatively will-freedom should be insisted; on the other hand, borrowing class, rule and other definitions which belonging to political category into legal field should be objected. Secondly, in order to research the scientific and theoretical base of criminal liability, rights and interests of state and order of society should be considered. Finally, criminal liability is liability of the actor. No criminal action, no factual base of criminal liability. Criminal liability arises from criminal action. However, scale of criminal liability and whether the actor should bear it or not, does not only depend on criminal action. Besides that, it will be influenced by other factors which include, but not limited to, the ability of criminal liability, purpose of making criminal case, possibility of anticipation and whatsoever.