论文部分内容阅读
因刑事责任能力免罪,使得司法实务中出现了罪刑失衡现象,由此引发了关于刑事责任能力在犯罪构成中重新定位的争议及探讨。鉴于现行法律体系下,刑事责任能力在犯罪构成中的定位可能导致罪刑不均衡、对侵害法益的行为无力给予否定评价、不利于保护无刑事责任能力人的合法权益等原因,应当剔除出犯罪构成,不作为定罪依据,仅作为量刑依据,以体现刑法的公正性与科学性,符合防卫社会的要求。
Due to the fact that criminal responsibility is abolished, the imbalance of crime and punishment appeared in the judicial practice, which triggered the controversy and discussion about the repositioning of criminal responsibility in the composition of crime. In view of the current legal system, the criminal responsibility in the composition of the crime may lead to the crime of an imbalance in the infringement of the law and interests of the inability to give a negative evaluation, is not conducive to the protection of the legitimate rights and interests of persons without criminal responsibility and other reasons, should be excluded from the crime constitutes , Not as a conviction basis, only as a basis for sentencing in order to reflect the fairness and scientific criminal law, in line with the requirements of defense society.