刑事责任定义再认识

Studying of the Criminal Liability's Definition

刑事责任是刑法学之重要范畴,如何理解刑事责任的定义,刑法界有不同学说,但是似乎都不足取。刑事责任具有复杂性,不仅可以有广狭二义,而且具有多元本质,因此可以有多种定义。不过,从其与刑事权利、刑事义务的统一性上看,它是指刑事实体法律要求的,主体因实施违反刑事义务或侵犯刑事权利行为而应当承担否定性刑事评价的行为。

Criminal liability is an important category in criminal law science. About how to understand the criminal liablity, mere are different doctrines in the domain of the criminal law science. However, they have many shortcomings, criminal liability has complexity, not only has broad sence and narrow sence, but also has manifold essences. So it may have many definitions, however, looking from the unity of it and criminal right and criminal obligation, it means an act demanded by criminal substantive law that a subject ought to assume criminal appraisement of negativity because of implementing an act violating a criminal obligation or encroaching a criminal right.