On The Legislation Of Criminal Responsibility

Crime and criminal responsibility are forever the theme of criminal law, especially on the principle of the accordance of crime and criminal responsibility, both of them are inseparable. However, we pay far less focus on the criminal responsibility than on crime research. The legislation of crime responsibility is not only related with the regulation of crime, including the definition of crime and the description of the crime, but related with other aspects as criminal policy, criminal legislation thoughts, legislation technology and criminology. It also directly decided the status of criminals and the trust of people on criminal law. So the reasonable legislation of criminal responsibility finally decides the accordance of punishment and the crime and the justice of the criminal law. Therefore it is very important to study the legislation of criminal responsibility. With rationally analyzing the difference and measurement of various criminal punishments, researching the principle and foundation of legislation of criminal responsibility, this article is to make our legislation of criminal responsibility more scientific. However, there are few reference books in this field. So I searched relevant articles and books as Research on legislation of Criminal Responsibility and On Relevant Criminology and Criminology Integration in our computer reading room, library and internet. What is worthy to mention is that the notebooks of seminars and lectures I took during these three years help me a lot to think in different ways and sum up my own opinion.First I analyze the foundation of legislation of criminal responsibility. Because it is not in accordance with development law of human criminal punishment history, the theory of Equal Harm has been replaced by modern criminal theory__ Equal Punishment Theory. And the general preventive theory of the Utilitarianism is also criticized by many scholars and is proved to be a failure. This article thinks only the foundation of punishment with special prevention is in accordance with the development law and make the legislation of criminal responsibility more scientific and modern.Different to the basic principles of criminal law, it has its independent principles in legislation of criminal responsibility. In China, this has not become common knowledge. As a result, I think, definite, balanced coordination and justice is the basic principle of legislation of criminal responsibility.Take a view on the thousands years history of human criminal punishment, criminal punishments become from complicated to simple, from cruel to humane and this takes a long period. In my opinion, the criminal punishment system had almost been set up before the birth of new China and was formed during the 1979's criminal law and 1997's criminal law. Five main criminal punishments and three additional criminal punishments are suitable for the situation of our country and the practical application of the criminal law. But there are still some shortcomings in the legislation on the Financial Penalty , Short_term Freedom Punishment and Death Penalty .The scientific measurement of legislation on criminal responsibility is to show the justice and also is the key for a country to maintain criminal law balanced coordinate. In China, there is a problem of over measurement of penalty. To solve it, first we should take proper model of legislation of criminal responsibility, and then we must avoid the competition of criminal penalty measurement in the legislation of criminal responsibility.