On The Responsibility/Culpability Principle In Criminal Law And The Eliminating Violation To It In Practice

In the substantive criminal law,the issue of"responsibility"(criminalresponsibility) is a very important theoretical task.Thus,there always is room for it both in the criminal law theory of civil law countries and in the one of common law counties and in the one of ours,though responsibility has differences meanings in the criminal law theory of various countries.Accordingly,responsibility/culpability principle with a repute of the soul of modern criminal law is increasingly regarded as a basic criminal principle by many countries.In Germany and Italy,it is even revered as a constitutional principle. But in reality,the protecting function of human rights of themodem criminal law is not at all realized by the responsibilityprinciple's being legalized or its being revered abstractively,whosedestiny is similar to the one of the principle of crime—penaltyprescribed by law.Instead,due to the needs of criminal policy,theviolation of responsibility/culpability principle always presentsitself in realitv both in the process of the distributing punishment and in the imputing of culoability As far as the criminalimputiny culpability.responsibility theory in our country is concerned,its irrationality is far more distinct than the one ln toreign criminal theory.Thus, it is necessary for us to make a through reflection to the criminal responsibility theory in our country theory in our country. The violation in practice has posed a threat to the responsibility/culpability principle that will make responsibility/culpability principle only have its name but no significance.Hence,doubts arise towards the protecting function of human rights of the modern criminal lawe since the responsibility/culpability principle in that meaning has great difficulty in me restraining the running rampant of the punishing power To exert the protecting function of human rights of responsibility/culpability principle and eliminate the violation of responsibility/culpability principle,it is quite necessary to carry responsibility/culpability principle through in the process of distributing punishment(including the legislation process and judicialprocess)and keep them coherent logically.While in the theory of imputing of culpability,the judge should grasp the original meanings of responsibility principle,comprehend profoundly the essential gist in nomocracy state and be guided by humanitarianism spirit and revere individualism as standard.Only by this,could the basic gist of responsibility/culpability principle be not violated,hence the protecting function of human rights of responsibility/culpability principle could be fully realized.