|
Abstract Criminal liability is an important concept in criminal law,reflecting the relationship between crime and penalty.As a basic concept concept in criminal law theory,the element ＂culpability＂ designed according to the task and objective of criminal law is a kind of theoretical deduction via its logic relationship with the compliance as well as illegality of components,and its evaluation object and ground have such characteristics as subjectivity.Culpability is the abstract theorization of the relationship between crime and penalty,and is thus speculative and non-empirical;therefore,in judicial practice,the element must be integrated with perceptual facts defined by law instead of directly serving as the concrete component so as to play the role of a criminal component.It is an important subject to standardize the concept of ＂culpability＂ in the studies of criminal theories,and the ground for elimination of liabilities provided by ＂super-laws and super-regulations＂ is inapplicable in judicial practice.
|
2010, Vol. 12 
