论罪责刑及其关系

On crime, criminal responsibility, penalty and their relations

文章以《刑法典》中关于罪刑关系的规定为主线,分析了当代关于犯罪、刑罚和刑事责任相互关系理论研究的不足,提出了以刑事责任为核心的新的犯罪概念及罪责刑的相互关系,并对新的刑事立法提出设想。

Based on the stipulations of the relation of crime and criminal responsibility in Criminal Law, this paper analyzes the deficiency of theoretical study on the relation of crime, criminal responsibility and penalty in modern times. It raises a new criminal concept and the new relation of crime, criminal responsibility and penalty, centering around criminal responsibility. It assumes a new criminal legislation.