人格刑法学的构想(下)

Conceiving Criminal Jurisprudence of Personality (Ⅱ)

“人格刑法学”是在调和刑事古典学派和刑事近代学派的对立时提出的刑法理论。人格刑法学从相对自由的主体的人格出发把握刑法学中的人 ,根据构成要件该当性、违法性和责任三个要件的犯罪论体系 ,把责任作为犯罪论的核心和最后的犯罪要件 。

Abstract: “Criminal jurisprudence of Personality” is a theory of criminal law being raised when conciliating the antinomy between the school of classical criminal jurisprudence and the school of modern criminal jurisprudence. Starting from the subject's personality with relative freedom, criminal jurisprudence of personality deals with the people in the criminal jurisprudence, and it takes responsibility as the core of the theory of crime and the last element of crime according to the three elements punishability, illegality and responsibility in the system of criminal theory. The theory of personality liability has been discussed in the aspect of act liability and personality forming liability.