On The Realization Of Criminal Responsibility

Criminal responsibility is an important category in the criminal law theory. Because of the stipulation of criminal responsibility in the Article 5 in our criminal law, there are many different opinions on the understanding of such a category which cause us to rethink about its definition .So the research paper should start from the definition of criminal responsibility .This article is divided into 3 chapters altogether which focuses on the power factors during the realization of criminal responsibility.The first chapter is concerned about the definition of criminal responsibility. In this chapter, the author believes that criminal responsibility should be a comprehensive definition including such contents: crime penalty and the relationship between crime and responsibility , which is quiet different from the traditional understanding of criminal responsibility only as a consequence of criminal offence.The second chapter mainly analyzes the power factors during the realization of the criminal responsibility on the base of research of Foucault's power theory. One is about the state power of punishment in accordance with the principle of a legally prescribed punishment for a specified crime. The other is about the power functioning during the relationship between crime and penalty, which overpasses the scope of state power of punishment. In the end, the author finds out a new researchway --"power site" to explain the power factors functioning during therelationship between crime and penalty.In the third chapter, the author makes an introduction to two new ways ofmanagement and control of power--community--based treatment mode andrestorative justice mode, which probably become the new ways to administer and harness power. After that, the author makes some comments on them and puts forward his own suggestions.