摘要
Criminal responsibility and its grounds are not only points at issue in criminal theory in China,they are also the heart of the matter in criminal law in the former Soviet Union.A wide debate focusing on this issue had been held in 1950’ last century in the former Soviet Union,with opinions varying greatly among the informed people.As the consequence,the doctrine of criminal components serving as the determinant came out of that debate.In 1970’,some new notions and theories emerged.However,up till now, criminal law in Rusia still follows the doctrine of criminal components serving as the determinant just as in the past.In the meantime,though there are some new developments in the theory of grounds of criminal responsibility,yet we have never cast off influence of notions of criminal components and other relevant theories of the former Soviet Union.How to break through all barriers of traditional concepts,to absorb the quintessence of modern criminal theory,and to establish a theoretical system of criminal law covering criminal components,criminal responsibility and criminal punishment is just the purpose of this article.
Criminal responsibility and its grounds are not only points at issue in criminal theory in China,they are also the heart of the matter in criminal law in the former Soviet Union.A wide debate focusing on this issue had been held in 1950' last century in the former Soviet Union,with opinions varying greatly among the informed people.As the consequence,the doctrine of criminal components serving as the determinant came out of that debate.In 1970',some new notions and theories emerged.However,up till now, criminal law in Rusia still follows the doctrine of criminal components serving as the determinant just as in the past.In the meantime,though there are some new developments in the theory of grounds of criminal responsibility,yet we have never cast off influence of notions of criminal components and other relevant theories of the former Soviet Union.How to break through all barriers of traditional concepts,to absorb the quintessence of modern criminal theory,and to establish a theoretical system of criminal law covering criminal components,criminal responsibility and criminal punishment is just the purpose of this article.
出处
《环球法律评论》
2002年第123期217-230,共14页
Global Law Review
