On The Realization Of The Unerringness Of Criminal Responsibility

In On Crimes and Punishments, Beccaria has presented that "One of the most effective brakes on crime is not the harshness of its punishment, but the unerringness of punishment". At present, with the development of the theory of criminal responsibility, criminal liability has been transformed into an inevitable consequence of crime in stead of punishment. And the understanding of the unerringness of punishment has been unable to meet the needs of criminal liability theory. The recent development of theory and practice needs putting forward the viewpoint of "the unerringness of criminal responsibility ". And the realization of the unerringness of criminal responsibility is more realistic. This article attempts to adopt game theory to analyze the significance of the unerringness of criminal responsibility, and to analyze how to achieve it. The traditional theory of criminal law can not thoroughly interpret these issues. The body consists of four parts.In the first part, on the basis of the dialectical analysis of the unerringness of punishment and with the combination of criminal liability theory, the article has redefined the concept of "the unerringness of criminal responsibility". And a conclusion of the the unerringness of criminal responsibility is the most effective brake on crime has been pointed out. At last, the feasibility has been explored that discussing the realization of the unerringness of criminal responsibility with game theory from the angle of"group","interaction","strategic"and"rationality".In the second part, on the basis of an assumption about rational man, and with the combination of the different stakeholders'strategy choices in the process of the realization of the unerringness of criminal responsibility, a series of game theory graphics—the basis of the study have been constructed. Under the inspiration of "should be" and "to be", the issue is put into should-be and to-be game.In the third part, on the basis of the game theory graphics, the hindering factors existing in the game has been analyzed, and the hindering factors in two transitional game stages easily neglected has been pointed out. Including the cost of superposition, the role of confused, lack of motivation, ignoring the power of the third party and the uncertainty of trade-offs.In the final part, with the game theory an ideal model of the Realization of the unerringness of criminal responsibility has been refined and a solution to eliminate the obstructive factors has been found. Eventually, some inner and outer safeguards have been proposed. Such as improving the accession punishment, sentencing standardized, incentive motivation and interests of the isolation.