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我国在相当长一段时间内,学者的主流观点认为刑法是规定犯罪和刑罚的法律规范,殊不知刑事责任是与犯罪和刑罚紧密联系的问题,刑事立法、刑事司法以及刑法理论所要解决的根本问题就是刑事责任问题。具体而言,从国家的角度讲,是国家为什么能够追究犯罪行为人的刑事责任;从犯罪行为人角度讲,是其为什么要承担刑事责任。笔者认为主观恶性与人身危险性应成为刑事责任的根源。
For a long time in our country, the mainstream view of scholars holds that criminal law is the legal norms that stipulate crimes and penalties. Everyone knows that criminal responsibility is a problem that is closely linked with crimes and penalties. The fundamental problem to be solved by criminal legislation, criminal justice and criminal law theory is Criminal liability issues. Specifically speaking, from the perspective of the state, it is why the state can investigate the criminal responsibility of criminals and why criminal responsibility should be borne by criminals. I believe that the subjective viciousness and personal danger should be the root of criminal responsibility.