浅议刑事责任的本质

On the Essence of Criminal Responsibility

对刑事责任的本质进行阐述的学说,西方刑法理论界主要有道义责任论、社会责任论和规范责任论等三种学说,我国刑法理论界主要有刑事法律关系说、国家与个人之间的利益冲突说、最高层次否定价值判断与最严厉的惩罚性义务统一说、伦理性与社会性的辩证统一说、国家评价与个人负担说等几种。由于学者们研究的方法、角度和立场各不相同,从整体而言,这些学说都有其合理性,但也有其缺陷,刑事责任的本质应是社会危害性。

As for the Chinese and foreign theories of criminal responsibility, there are such three different theories as the theory of morality and justice responsibility, the theory of social responsibility and the theory of regulation responsibility in western criminal theory. In our country, there are theory of criminal legal relations, theory of benefit conflict between country and individual, theory of united obligation of the highest stratification denying value judgment and the severest punishment, theory of dialectical unification of ethics and society, theory of national appraisal and individual burden. Due to scholars＇ different methods, angles and standpoints of research, all the theories have their own defects though they have somewhat rationality on the whole. The essence of criminal responsibility is social harmfulness.