论责任主义在量刑原则中的实现

On Doctrine of Responsibility in the Implementation of the Principles of Sentencing

在量刑时如何解决行为责任和行为人责任之间的关系问题上,必须有量刑原则予以指导。责任刑限制预防刑作为量刑中的责任主义的核心表述,不仅明确了两者之间的关系,而且体现了先进的刑法理念,理所当然应成为我国刑法中的一项量刑原则。该原则与刑事责任理论衔接时并不发生本质的冲突,关键在于我们如何规定和解释。

It should be guided by sentencing principles in settling the problem on relation between responsibility of the behavior and responsibility of the actor during the course of sentencing.The core doctrine that responsibility of the actor is limited by responsibility of the behavior not only distinguishes the relationship between them,but also shows advanced idea of Criminal Law,hence a principle of sentencing.It has no essential conflicts with the theory of criminal responsibility and the key is how to prescribe and explain its details.