刑事责任能力本质之新解

因适用语境的不同,我国目前对于刑事责任能力本质的认识与大陆法系的观点形似而实异。＂刑事责任能力＂这一称谓与大陆法系的刑法理论体系是协调一致的,而与我国的刑法理论并不协调。刑事责任能力的本质在我国具有二重性,即犯罪能力与刑事归责能力;相应地,其地位也具有两重性,即犯罪主体的要素与刑事责任的条件。

Reflection on the Nature of Criminal Responsibility

Currently China holds an understanding of the nature of criminal responsibility that is basically different from the Civil Laws in spite of the seemingly similarities.It is a result of the application of criminal responsibility in different contexts,that is,the term ＂criminal responsibility＂ is consistent with the criminal law theory applied in countries adopting the Civil Law,but inconsistent with the current criminal law theories applied in China.The nature of criminal responsibility has a dual character in China： the capability to commit crimes and the criminal imputation capability.Correspondingly,the position of criminal responsibility has also a dual character,that is,the element of criminal subject and condition for criminal liability.