On Criminal Responsibility

The questions of criminal responsibility is the fundamental problem to solve in criminal legislation, criminal justice and criminal law theory. As the legal consequences of crime, criminal liability is a attendant of crime and penalties. In a certain sense, many questions are elaborated regarding the legal responsibility. Scholars really concerned about the research of criminal responsibility in the late 80's of the 20th century. Many scholars conduct a comprehensive and systematic study of the criminal responsibility from different areas, but they still has not yet reached a consensus. The implementation of criminal responsibility is an important aspect of criminal responsibility, China's current Criminal Code provides a wide range of implementation methods, academics about the doctrine of criminal responsibility are also based on the Criminal Code. The diverse implementation of criminal responsibility exsists many conflicts and contradictions, it should be replaced by a unified one. In this paper, the text is divided into four parts:The first part outlined the implementation modalities of criminal responsibility, on the basis of clarifying and defining the basic concepts of criminal responsibility, I analyze and summarize the implementation of criminal responsibility.The second part analyzes the nature of non-punitive penaty ways. On this basis I analyze the reason that the methods of non-penalty punishment should not be an implementation of criminal responsibility.The third part discusses why criminal penalty should be the only way of implementation.The forth part discusses the measures of builiding a reasonable and unified implementation of criminal responsibility. These measures includes improving penalty system, non-criminalizing the behavior which is sentenced to non-penalty punishment or simply declared guilty.