On The Concrete Application Of The Principle Of Individual Responsibility In Judicial Practice

The German scholar Liszt once said:"The development of the theory of guilt is a barometer of the progress of criminal law".? With the research and development of the criminal theory system,the theory of responsibility also carries out its own changes.In the past two decades,responsibility research has gradually shifted from a criminal position outside the four elements of the co upling to a field of respons:ibility within the three levels of the ladder.The principle of a legally prescribed punishment for a crime is a bas:ic principle stipulated by the criminal law and repeatedly emphasized by people.If it is the first barrier set to prevent the abuse of the state's penal power,then the principle of individual responsibility is the second line of defense built on this basis.As a basic principle recognized by contemporary criminal law,the principle of individual responsibility is of great significance not only for the determination of sin and non-crime,but also for its substantive role in the sentencing phase.Adherence to the principle of individual responsibility has become the basic requirement of the criminal law of the modern rule of law.Therefore,we cannot go into form,but we must carry out some substantive reforms.First of all,we must clarify the connotation of the principle of individual responsibility and clearly define it Today,the responsibilities we are discussing are not just psychological connections,but more of the color of normative evaluation.As a principle,it is necessary to constantly add flesh and soul to it It is not attributed,nor is it synonymous with criminal responsibility.Secondly,it should be refined,combined with China's criminal law theory to carry out certain integration and evolution,so that it has certain applicable standards in the stage of attribution and sentencing.Finally,in the criminal law,the status of the principle of individual responsibility should be guaranteed,and it cannot be falsified withorut clear regulations.In judicial practice,the role of the second filter of responsibility should be fully exerted in the stage of imputation.After entering the stage of sentencing,it is necessary to classify and apply the sentencing case according to the difference between the responsibility punishment and the prevention sentence,so that the principle of individual responsibility can be truly imple mented,and the role of the natio nal penalty right can be better exerted to prote ct the human rights.However,the principle of individual responsibility is not without any exception.With the rapid development of society,the principle of individual responsibility is no longer unbreakable,but there is a certain deviation.In-depth disc ussion and reflection on principle s and exceptio ns are of great significance both in theory and in judicial practice.