A Study Of Culpability

In criminal law theory,the new variety advocates the kind of belief which take people's culpability,including anti-social psychology,subjective offense,subjective malignancy and the subjective tendency of malignant behavior as the theory basis to punish guilty.And the theory was used by fascist country in order to persecute the people,trample on human rights. In criminal law academics,the reputation of culpability has been defaced,scholars seemed to deliberately avoid using it,but they often can not be avoided,and it inadvertently was "met." At the same time,in the area of criminal practice,the culpability was frequently been used.In criminal sentencing,subjective offense is cited as the important reasons for sentencing.This fully illustrated,further studying the subjective act of a vicious person,defining the subjective meaning of culpability,exploring the foundation of culpability in criminal law,clarifying the subjective study of the logic of status,as well as the conviction at sentencing in capabilities,is not only important in theoretical significance,but also content in considerable practical value.Although in most of Criminal Law study works,culpability is studied in varying degrees,,but most did not elaborate;specialized research article in studying culpability is little.In this paper,in accordance with the academic status quo,it is divided four parts to further study culpability.Chapterâ… elaborates the connotation of culpability.Firstly,by describing the subjective psychological foundation,from the psychological processes and personality psychology at two levels,the vicious psychological subjective truth is fully understood.Psychological processes include cognition factors,emotional factors and motivation factors;personality psychology includes personality and individuality tendentious.Secondly,the subjective act of the Penal Code is the carrier of the culpability.First of all,clarify the behavior of the different levels of meaning,it is more scientific to the divide behavior into three levels:general conduct - harmful acts(including the dangerous act of damage,the same below) - criminal acts.Our focus is the second level of harmful behavior.In judicial practice,the key job is to collect evidence to confirm whether the conduct is against crime.Secondly,if we do not consider the subjective malignant behavior,it is simply can not be judged and screened;only acting as a carrier in order to simply exist in the hearts of people excluded from the culpability circle of crime.Thirdly,analyze the subjective judgments of the object of culpability,the main body and standards,judging object of culpability is the act of psychological truth,judging main body is government who determines the standards;the standards are specific historical time and space within the public and recognized by generally accepted values,and it is pointed out that the main judge and the judge to depart from standards,as well as the solution lies in the power of the country to carry out supervision, restraint,and multi-tolerance,pay attention to education.Finally,the culpability concept is summed up:it is the bad idea which refers to that the existence in the acts and acts of people inside is reflected by the country under the then generally accepted by the public and recognition of values,and that the penalty should be condemned to a kind of contempt or ignoring the values of community.In chapterâ…¡,subjective vicious of the foundation is divided into two parts:the history foundation and philosophical foundation of culpability.By analyzing the historical facts,it is found that defining criminal liability is centered on the identification which reflected the culpability of people and fluctuated and generally not too much deviation from the theory,and there exists common points between the ancient time and modern time.The philosophy of culpability is the foundation of libertarianism.Relative freedom influenced by the social and material living conditions of decides whether the culpability exists,and then confirm whether the crime was established.The modern school of thought promoted by the causal relationship between theory and the theory of free will does not contradict,the essence of which is to explore the deep-seated causes of crime,that is to say,in the situation that the man is fully freedom,how culpability produce and develops to crime.Chapterâ…¢is the logic positioning of culpability.This chapter focuses on difference between the concept of culpability and the concepts associated with.Subjective risk of the vicious and criminal personality:people can be attributable to acts of crime and the danger of the formation of personality are serious acts of subjective psychological vicious important foundation for us to judge people's culpability acts of great significance,but it does not have the criminal risk of personality,and it also does not mean that there is no culpability,it is more reasonable to take culpability as" Recognizing the attribution of" dangerous criminal personality and an important reference for sentencing,.Culpability and sin:a sin and criminality exist simultaneously,and with the completion of criminal acts,it is immobilized; instead,culpability is changing,after the criminal acts have been done,the culpability level-fluctuation effects on the penalties for acts of people and the execution of discretionary changing measures.Culpability and social harmfulness:the social harmfulness of the act is actual harm or threat caused by the behavior of people.Here the actual harm or real threat are constituted from the actual level:culpability are the phenomena value of crime.At both,the former is the premise and foundation to start to explore crime and the later is to explore the core of crime and the end result.Culpability and Personal Dangerousness:Personal Dangerousness refers only to the possibility of recidivism,not including the possibility of a first-time offender.Personal Dangerousness people are the subjective act of vicious criminal acts at the end of the characterization phase.Chapterâ…£is the function of culpability.This chapter is divided into two parts:the position and status of the penalty of the culpability crime in criminology theory,in criminology theory,by exploring the new criminal law theory and the Old School,it is concluded that culpability crime is the core in crime;by studying the national legislation and judicial practice,it is considered that the subjective vicious crime are the final basis to sentence crime,that is to say,and basic process for the perpetrator to carry out crime are from fruit,which is culpability - harmful acts - harm society.However,we recognize they are abdicative fruit,that is social harm - harmful acts - culpability On the penalty,taking culpability retribution for the content of the sentence as the basic position is to meet the public sense of justice and plain,just as the feelings of the law required,which realizes the general implementation of prevention and the special purpose of the prevention.On the execution phase,the correction and elimination of people's culpability crime are the basic objectives of execution.Finally,the view that insisting culpability function of the above-mentioned has very important significance:it not only does not lead to subjective incrimination;but also is conducive to the prevention of objective-incrimination and the protection of human rights.