刑事司法应坚持罪责实质评价

Criminal Justice Shall Persist in the Substantial Evaluation of Responsibility

王力军无许可证收购玉米改判无罪案的启示是:刑事司法应当坚持罪责的实质评价,充分体现国法、天理、人情的统一。应当依据《刑法》第13条规定的犯罪概念三特征,建立"三要件二层级"的犯罪构成体系,行为成立犯罪必须具备刑事违法性、社会危害性、应受惩罚性三要件。刑事违法性是行为触犯刑罚法规,具有构成要件符合性,是法条文本层面的评价;社会危害性是行为实质违法的评价;应受刑罚惩罚性是行为人对其触犯刑律的危害行为可谴责性的评价。危害性和可谴责性是在刑事违法性基础上的实质评价,认定的犯罪不仅违法而且有害、有责,方能合乎天理人情。

The enlightenment of changing the original sentence of case that Wang Lijun purchases corns without license sentence to be innocent is the criminal justice shall persist in the substantial evaluation of responsibility, which fully embodies the unification of law, the justice of nature and human feelings. It should comply with the three characteristics of crime concept regulated in article 13 of the Criminal Law, establishing the crime constitution system with ＂three elements two levels＂. The behavior constituting a crime must satisfy the three elements which are criminal illegality, social harmfulness and culpability. Criminal illegality means that the behavior violates the punishment regulations, and possess the conformity of important constructive conditions, which shows the evaluation on the level of the law text. Society harmfulness refers to the evaluation of behavioral substantive wrongfulness. The culpability reveals the evaluation that the doer＇s behavior which violates the Criminal Law can be condemned. The harmfulness and reprehension are the substantial evaluations on the basis of criminal illegality. The crime not only break the law but also is harmful and reprehensible, this judge way can thus meet nature＇s justice and human feelings.