国家犯罪及其刑事责任的确立依据

The Evidence of Defining State Crime and Its Criminal Liability

随着国际法的不断发展,传统国际法理论不断受到质疑和挑战。国家能否构成国际犯罪、应否承担刑事责任的问题已成为国际刑法学界争论的激烈问题。国内外刑法论著中有关国家犯罪和国家刑事责任问题的观点大致有四种。确立国家犯罪及其刑事责任有据可依。

With the continuous development of international law, traditional theories of international law are constantly being questioned and challenged. Whether a state can be the subject of international crimes and should undertake the criminal liability has already become a hot topic of the argument of international criminal law field. There are mainly four kinds of opinions about state crimes and criminal liability in the works of criminal law both at home and abroad. The article elaborates the evidence of state and criminal liability through reviewing different opinions and eveidences.