Research On The Status Of Criminal Responsibility

In criminal law,what is the proper relationship between responsibility and crime?Does criminal responsibility have nothing to do with committing crimes,and just work as the consequences of crime,or is criminal responsibility the inevitable factor of committing crimes and judging whether there are crimes according to the criminal law?In the civil law countries,criminal responsibility is one of the requirements of committing and judging a crime,only when there is criminal responsibility,can the suspect be judged committing crimes. But in China,it is commonly thought that criminal responsibility is the legal consequence of committing crimes,it is the link of crimes and penalty instead of thinking criminal responsibility as the factor of crimes.So in China,we don’t have to consider the existence of criminal responsibility in the process of judging crimes.This paper will first introduce the main theory about criminal responsibility in China such as its definition,its status in the academic environment of Chinese criminal law,in our criminal law,criminal responsibility is considered to be the result of crimes,if the suspect commit a crime,he or she should be responsible for his or her crime,and penalty is just one form of criminal responsibility. then there is a basic knowledge about criminal responsibility and its influence on academic research and judice,so that we can evaluate its academic effect,more precisely its defect of itself and negative influence on research and administration of justice. That is because we have not consider whether the suspect is responsible for his or her illegal behaviour before judging that behaviour as a crime,and that is too harsh to each citizen.An appropriate law has to consider and respect human nature especially in uncommon conditions,so that it will be followed faithfully.In civil law countries,criminal responsibility is an element of committing crimes,a behaviour will not be judged crime if he or she is not responsible.So then I will introduce this theory about criminal responsibility in civil law countries,especially in Japanese and German criminal law,such as its theoretical basis,its status in committing crimes,and its positive significance and influence on protecting human rights better.After introducing and comparing the two different statuses of criminal responsibility,the defects of thinking criminal responsibility as the result of crime is clear enough.And pointing out the defects is not the main and last purpose,it is to know the significance of the existence of criminal responsibility,and how to use it properly to restrict public power especially the power of punishment so as to protect human rights. This idea lead us to give criminal responsibility its appropriate place and status in criminal law.