刑法身份诸问题研究

身份问题的研究在中外刑法中都受到一定重视。现代各国刑法普遍将身份作为设定刑事责任的存在或影响刑事责任程度的因素,以从犯罪主体的角度调整危害行为与刑事责任的关系,准确有效地打击犯罪。我国刑法理论虽重视身份的研究,但其研究的领域和层次相对泛化,对其分类、功能、身份获得途径以及研究意义中的诸多问题缺乏深入的价值探寻和分析。因此,在现有研究成果的基础上,提出新问题,进行新追问,构建新的研究体系是我们的初衷。

On the Issues Concerning Criminal Law Capacity

Capacity studies have been given some priority in both Chinese and foreign criminal laws. At present, the criminal laws of most countries use capacity as a factor for the existence of criminal responsibilities or for the degree to which it affects criminal responsibilities, in order to adjust the relationship between harmful behavior and criminal responsibilities from the perspective of the criminal agent and to strike crime with accuracy and effect. Although capacity studies have been emphasized in Chinese criminal law, the areas and scope of research have been relatively too broad, and a thorough value search and analysis have been absent from such issues as its classification, its functions, means of its acquisition and its meaning. It is therefore our intention to raise new issues, make new examinations and construct a new system of research, based on current work.