罪责关系的当代命运
发布时间：2018-10-29 10:54
【摘要】：犯罪与刑事责任的关系是罪责刑关系暨刑法学体系特有的地方性知识。责任范畴与罪责关系命题始于犯罪构成的定罪意义,"刑事责任是犯罪和刑罚之间的桥梁"是静态罪责关系的基本轮廓。但是,近代以来,静态的罪责关系命题相继面临罪责的构成要件化、动态归责功能的"虚化"与责任主义转向、实体空洞的司法困局等问题。基于刑法学的"体系性思考",应肯定刑事责任范畴与罪责关系命题的理论意义与现实价值,兼顾静态研究与动态研究并强化动态研究,特别重视刑事责任的动态归责体系的理论建构,及时关注恢复性刑事责任观念与预防性刑事责任观念的新近变化。充实刑事责任范畴的实体内核及地位,延续刑法理论的生命力。
[Abstract]:The relationship between crime and criminal responsibility is the unique local knowledge of the criminal law system. The proposition between the category of responsibility and the relationship between crime and responsibility begins with the conviction meaning of the constitution of crime. "Criminal responsibility is the bridge between crime and punishment" is the basic outline of the static relationship between crime and responsibility. However, since modern times, the static proposition of the relationship between crime and responsibility has been confronted with the problems of the constitutive elements of crime and responsibility, the "nihilization" of the function of dynamic imputation and the turn of responsibility doctrine, the emptiness of the entity and the judicial difficulties, and so on. Based on the systematic thinking of criminal jurisprudence, we should affirm the theoretical and practical value of the proposition of the category of criminal responsibility and the relationship between crime and responsibility, and give consideration to both static and dynamic research and strengthen the dynamic research. Special attention should be paid to the theoretical construction of the dynamic liability system of criminal responsibility and to the recent changes of the concept of restorative criminal responsibility and the concept of preventive criminal responsibility. Enrich the substantive core and status of criminal responsibility category, and continue the vitality of criminal law theory.
【作者单位】： 华南理工大学法学院;
【基金】：2011年度国家社会科学基金项目“科技风险的管理与公共安全的刑法保障”(项目号:11BFX106) 2015年度最高人民检察院理论研究所重点课题“检察机关对行政执法活动的监督”(课题编号:GJ2015B02) 2015年度北京师范大学优秀博士学位论文研究成果支持项目的阶段性成果
【分类号】：D914
，
本文编号：2297490
[Abstract]:The relationship between crime and criminal responsibility is the unique local knowledge of the criminal law system. The proposition between the category of responsibility and the relationship between crime and responsibility begins with the conviction meaning of the constitution of crime. "Criminal responsibility is the bridge between crime and punishment" is the basic outline of the static relationship between crime and responsibility. However, since modern times, the static proposition of the relationship between crime and responsibility has been confronted with the problems of the constitutive elements of crime and responsibility, the "nihilization" of the function of dynamic imputation and the turn of responsibility doctrine, the emptiness of the entity and the judicial difficulties, and so on. Based on the systematic thinking of criminal jurisprudence, we should affirm the theoretical and practical value of the proposition of the category of criminal responsibility and the relationship between crime and responsibility, and give consideration to both static and dynamic research and strengthen the dynamic research. Special attention should be paid to the theoretical construction of the dynamic liability system of criminal responsibility and to the recent changes of the concept of restorative criminal responsibility and the concept of preventive criminal responsibility. Enrich the substantive core and status of criminal responsibility category, and continue the vitality of criminal law theory.
【作者单位】： 华南理工大学法学院;
【基金】：2011年度国家社会科学基金项目“科技风险的管理与公共安全的刑法保障”(项目号:11BFX106) 2015年度最高人民检察院理论研究所重点课题“检察机关对行政执法活动的监督”(课题编号:GJ2015B02) 2015年度北京师范大学优秀博士学位论文研究成果支持项目的阶段性成果
【分类号】：D914
，
本文编号：2297490
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