刑法中的自我答责

Self-Responding to Prosecutien in Criminal Law

以“自我决定”为根据的“自我答责”是刑事归责的基本原理。行为人违反“自我决定”这个一般的实践原则而设定了任意、行为、结果的统一性时,行为人就应该自己对所发生的损害后果承担完全的刑事责任。但是,只要被害人的任意支配着损害结果的发生,损害结果的发生仍然处在被害人的行为所能控制的领域之内,就存在着被害人对不发生损害结果的优先负责性,就要由被害人自己对所发生的损害结果予以答责。

＂Self- responsibility＂, which is on the basis of ＂determination by oneself＇, is one fundamental principle of criminal liability. When the actor violates this common practice principle -- ＂determination by oneself＂, and creates the correspondence of arbitrariness, action and result, he should take the complete criminal liability for the occurrence of damage by himself. However, as long as the arbitrariness of the victim dominates the occurrence of damage , and the occurrence of damage is still in the field, which could be controlled by the victim, then he should take the prior guarantee liability for there being no occurrence of damage, and ultimately he will take the liability for the occurrence of damage by himself.