Macro Research On The Essence,Structure And System Orientation Of Criminal Responsibility

A theory of criminal responsibility is a basic category of criminal jurisprudence.In the study of it,the theoretical circles of Chinese criminal law have made a breakthrough development before and after the turn of the century.But recently,there are little theoretical substantial advances in it.With the deepening of the theoretical research of criminal law,the study of specific propositions in the micro level of criminal responsibility has achieved gratifying results.Meanwhile,the "old problem" of the specific system paradigm at the macro level has not been paid enough attention to.Under the background that the system paradigm of criminal responsibility has not yet been truly molded,a largenum ber of "new problems" have been poured into,which makes the macro level research of criminal responsibility disjointed from micro level research,and leads to the "disjointed phenomenon " between the legislative and judicial practice of criminal law.Through the comparative analysis between theory and practice,we can see that the key to solve the problem is to reveal the essential connotation of criminal responsibility,clarify the internal structure and deter-mine the location of criminal responsibility system.At this point,in the first part(Introduction),we introduce the background and reasons of the topic,explain the research perspective,path,method and scope,and summarize the following research contents.In the second part(the first chapter),combing the concept of existing criminal responsibility and the theory of paradigm,investigating the "disjointed phenomenon" between judicial interpretation and the criminal law,and analyzing the relationship between the two,it points out that the key problem of the specific system paradigm of the macro level is the essential connotation,the internal structure and the system orientation of the criminal responsibility.In the third part(the second chapter),the system status of criminal law and legal liability system is demonstrated through the system theory of socialism with Chinese characteristics.And then it analyses the systematic characteristics of the four aspects,such as the system attributes,the structure,the elements and the content direction of the criminal responsibility,which are nine points.This lays the foundation for the follow-up study.In the fourth part(third chapter),the basic philosophy of unity of subjecti ve and objective views as well as the standpoint of the normative theory are analyzed and demonstrated.On the basis of the reasonable content of absorbing the existing theory,uniting the systematic characteristics of criminal responsibility,the essential connotation of criminal responsibility——on the standpoint of standardization,we should measure dynamically through individual psychological elements,quality distribution elements,functions,values,objective elements and contents of freedom,and get the conclusion and condemnation of negativity——has been answered in detail.In the fifth part(fourth chapter),to adapt to the trend of the research on the concept of criminal responsibility,on the basis of the preceding article and the theory of criminal integration,combining the semantic research results of "responsibility",the three stage structure of the internal criminal responsibility is revealed: the basic stage of responsibility history,the stage of immediate assessment of responsibility,and the prediction stage of responsibility in the future.Then,in combination with the essential connotation,the specific meaning of the concept of criminal responsibility is illustrated.Thereafter,by reinterpreting the relationship between crime,criminal responsibility and criminal sanctions,the rationality of the criminal responsibility in the central position of the criminal law system and the external structure with three modules is verified.Thus,the system of criminal responsibility should be clearly defined.On the basis of this,it analyzes the mechanism of the measurement of criminal responsibilit y and points out the way to improve the system.In the sixth part(conclusion),the logic and basic conclusions are briefly combed.