未成年人刑事责任范围学说争议之评析

Analyses of opposite theories on relative criminal responsibility of special criminal minors in China's Criminal Law

在相对刑事责任年龄段未成年犯罪人刑事责任范围问题上,理论界存在限制论和扩张论、罪名说和罪行说的对立,争论双方各执一端,主张各有短长,但限制论和扩张论、罪名说和罪行说在解决相关问题的思路上存在共同的误区。

There are some issues between limited viewpoint and outspread viewpoint or the theory of imputation and the theory of criminality on criminal responsibility of criminal minors. It is difficult to distinguish which is in reason between them. On the other hand, there are common mistaken ideas in the thinking line for solving relative problems.