The Study On The Essence Of Criminal Responsibility

The essence of criminal responsibility is a key question in the theory of criminal responsibility, it is also criminal and legislative with the key problem in judicial practice, the view for the essence of criminal responsibility is different, necessity causes for criminal responsibility produce and develop, change, die out as well as and commit a crime to make the view of struggle difference, also decide that people are for the view with criminal responsibility related category. From the present criminal law of our country, study research condition to see that criminal responsibility essence has not been the hot problem of theory of criminal law again, but not whether accept, criminal responsibility essential problem is criminal law studies the one of most basic, most important theoretical problem. Since the essence of criminal responsibility is not a concept in a natural science, its meaning is not accurate, unitary, but is multi-level, many angles, this has caused Chinese and foreign scholars between the durable argument of not cease for criminal responsibility essential problem, it is completelied accept that theoretically, also having no a kind of theory or viewpoint yet to discuss get system to go deep into and make one , also namely, the research about the essence of criminal responsibility is still in is step by step thorough to explore.This paper puts forward own theme through querying first judicial explanation, then this thesis will discuss upon those fundamental issues such as the responsibility concept, essence by using the methodology that are historical review which combines with comparing analysis and rational thought which combines with demonstration explain, have investigated the essence of criminal responsibility and the concept of criminal responsibility develop course and develop law, analysis the research present situation of Chinese and foreign criminal responsibility essence, think that these can only be feature or the phenomenon of criminal responsibility instead of it's essence. Final combination is criminal and legal to be related to stipulate as well as the specific running condition of judicial practice is discussed for the essence of criminal responsibility, think that criminal responsibility denotes criminal person since its enforcement endangers the criminal behavior of society, and the national judiciary that should undertake appraises and condemns according to criminal entity law and criminal procedural law for the criminal behavior of its harm society and the negativeness that its I makes. The essence of criminal responsibility is criminal responsibility place is built-in, decide basic property or the ultimacy quality of criminal responsibility that exists and develops. Criminal responsibility is actually the additionally a kind of method of expressing of criminal concept, its essence goes up condense when various commit a crime in the assignedness - - social harm of the quality of a kind of indifference. With social harm as criminal responsibility essence, since seeing actually, it may think that, in judicial practice, handle the criminal legislation and judicial practice that case offers certain theoretical guidance, the guidance criminal legislation of our country and judicial practice and makes it stand in our country, and forms unified knowledge on this foundation , so is helpful for us to be accurate to believe criminal and correct suitable punishment, it is accurate to distinguish criminal responsibility and civil responsibility, ensures that criminal campaign is fair and just; Since seeing theoretically, have deepened people to understand for criminal responsibility, rich criminal responsibility theory.