格雷克“对当前不法与责任区别相对化见解的批判”

Greco's “Criticism on Differential Relativization between Illegality and Responsibility”

新的一元论从规范、行为人和社会三者之间的关系来重新诠释违法与责任的关系,并作出一体化的理解。但是,德国刑法典诸多条文却是建立在违法与责任二分法的基础之上。二元论在不法和责任的区别以及如何协调的解说上很难说是成功的。为此,法规范的本质是以客观的评价规范论为前提的"无接受者的评价规范"。

The new monism redefines the relationship between illegality and responsibility from the relationship between rule,actor and society,and provides an integrated understanding. However,many articles of the German Criminal Code are based on the dichotomy between illegality and responsibility. Dualism is unsuccessful in interpreting the difference between illegality and responsibility and making them coordination. For this reason,the essence of the law norm is the ＂non-receiver＇s norm of evaluation＂premised on the objective norm of evaluation.