论犯罪与刑事责任的逻辑错位——以刑事诉讼法第八十六条为例

Logical Fault between Committing a Crime and Taking Criminal Responsibility:From the 68th Item of Criminal Procedure

犯罪与刑事责任作为刑事实体法上的两个基本概念,具有必然因果联系。但在现行刑事诉讼法第八十六条的规定中,二者表现出十分明显的逻辑关系错位。其原因主要是程序法制定者对于犯罪与刑事责任的逻辑关系以及犯罪的形式概念与实质概念之界分缺乏清晰的认识。

Committing a crime and taking criminal responsibility are two basic concepts in the present criminal procedure and there is certain cause and effect relation between them. But in the present criminal procedure, from the 68th item we can see the two concepts put up obvious logical relation fault. The reason is the law maker was empty of the cognition of the relation between committing a crime and criminal responsibility and was blur with the distinction between the external concept and internal concept of committing a crime.