On Taking The Individual Sensation Ability As The Basis Of The Legal Responsibility Quantity

In order to determine the legal responsibility quantity reasonably, people have carried on long-term diligently with the exploration and formed two big schools of thought in the punishment legal science history:Old Faction and New Faction. Old Faction has not realized human's vital role in criminal law theory system; Although the New Faction introduced human into the criminal law theory system, in the New Faction eye human also merely was pulled out to the individuality characteristic abstract human.Human's sensation should be the finally direction of the legal responsibility. However, between the human and human's sensation system has huge difference which we can't expect,so different person may receive different sensation when they face the same penal treatment.Therefore, we should take the legal responsibility quantity individual sensation ability as the basis. This responsibility view has taken the philosophy, the psychology, the jurisprudence, the punishment legal science and so on as the multi-level basis. The latter modernism philosophy related avoided the absolute value and the solid epistemology foundation, the relativism and pluralism understanding question angle of view carefully and so on has become this responsibility view philosophy foundation; The theory of Cognition psychology about how the human knows and feels the external objective world and the research results of individual organism interior sensation system has provided support strength for this responsibility view. The jurisprudence related just essence especially substantive justice provide the jurisprudence foundation for this responsibility view. Punishment legal science related criminal law goal especially. The punishment legal science stands in the anthropology highly to the criminal law ultimate goal discussion has provided the discipline internal support for this responsibility view. This responsibility view mainly realizes through the criminal legislation and the criminal justice. In the criminal legislation aspect,we should enrich the principle of adaptation in crime and penalty,abound the current kind of penalty,innovate non-criminal treatment measures,modify the provisions of the sentencing principles and so on;In the criminal justice aspect,we should take measures to individualized sentencing,the judicial process of psychological assessment and measurement,psychology recruit professionals into the proceedings.