Theory Of The Capacity Of Criminal Responsibility

As a essential of the system of criminating, the capacity of criminal responsibility decide whether a man commit a crime and how to assume what kind of criminal responsibility, so the capacity of criminal responsibility is very important in the system of criminal theory. Base on analyzing the different understanding of the responsibility of criminal and using for reference of theory of mainland law, the text put forward: the character of the essence of the capacity of criminal responsibility is two ness(both criminal ability and penalty fitting ability),the content of the capacity of criminal responsibility is the ability of identification and control in law, its status is the essential of the liability in the system of liability. Age, obstacle of energy, bug of body can influence the ability of identification and control, so these are legal basic influencing factors of the capacity of criminal responsibility, but a farther improvement should be taken in lawmaking. Although drunken does not be consider of the influencing factor of the capacity of criminal responsibility, in practice the capacity of criminal responsibility of drunken man should be consider in different instance. These are the questions the text will discuss.