As far as the present research situation of our criminal law concerned , the theory of criminal responsibility is no longer the focus problem . Undeniable, however, it's still one of the most important theoretical questions of criminal law. In the latest more than ten years since the eighties last century, there're total not less than several dozen treatises published. It seems that the enthusiasms of scholar at criminal responsibility theory is fully released out at that time. After that it calm dawn little by little, which no doubt makes people feel lonely slightly, but this calm impels people to launch the thinking of reason .In our country, the difficult problem faced by theoretical research of criminal responsibility is lain in : We have already made in theory clear that it's very important for the theory of criminal responsibility to the sureness of punishing and punishing degree, but its importance can't appear as fully as crime theory and penalty theory in practice. The main reason is that the localization and research target of criminal responsibility are not clear, which lead to the fact that while studying the concrete problem , the research object of criminal responsibility is unable to be distinguished with the target of constitutive elements of crime, and the appraisal function of criminal responsibility has no way of giving play to. This text regards responsibility as the cutting point, combs through the gradual progress to the theory of criminal responsibility of our country, compares it with the relative theory abroad, analyzes the localization of criminal responsibility, and finally defines the target of criminal responsibility .This text , besides the introduction and conclusion , divides into three parts------gradual progress of criminal responsibility theory ,comment on the theory of foreign countries and the structure meeting of criminal responsibility theory systems of our country. There're more than about 35000 words of full text , including more than 3000 words of footnote among them .The first part: Gradual progress of the theory of criminal responsibility of our country. This part first introduces the appraisal,the meaning and the achievement in research about the theory of criminal responsibility ,then analyzes the deficiency existing in the past study with the realistic angle, and analyzes the reasons that causes enormous contrast on the theory and practice of criminal responsibility .The second part: Commentary of the theory of criminal responsibility about foreign countries. As everyone knows, the research of the theory of criminal responsibility of our country is deeply affected by theory of criminal responsibility of the former Soviet Union. This part compares the difference between the civil law system with the former Soviet Union law system through commentary on the above two. On the basis of this, finds the thinking way to perfect the theory of criminal responsibility of our country, namely look for the rational localizations of criminal responsibility in order to giving full play to the functions of it under the thought of carrying on and drawing lessons and on the basis of present theory system. The third part : Structure the theory of criminal responsibility which meets the theoretical system of criminal jurisprudence of our country. The author explains the research category of criminal responsibility at first in this part, then establishes the position in criminal jurisprudence of criminal responsibility, and finally expounds the necessity to regard the personal danger and expecting possibility as observation targets of criminal responsibility.The final part of conclusion summarizes the full text.
|