刑事责任的若干问题

由于认识的不同，理论界对刑事责任在刑法理论中应占有的地位看法不一，在各种观点中，罪、责、刑平行说比较符合我国现行刑法的实际。在刑事责任的阶段划分上，一般认为刑事责任产生于犯罪行为实施之时，经过侦查、起诉、审判得到确认和实现。关于刑事责任的实现方式，以指国家强制犯罪人实际承担的刑事制裁措施的见解为妥。

Consideration on Several Problems of the Criminal Responsibility

Because of thinking differently, opinions are different about the criminal responsi- bility which takes its position in the criminal theory. Among all kinds of viewpoints, crime respon- sibility and punishment which are said to be parallel are in accordance with our country's present criminal law practice. In dividing the stages of the criminal responsibility, it is generally believed that the criminal responsibility will produce while the criminal action is taking. It will be con- firmed and realized through detecting accusing and judging. The realizing style of the criminal re- sponsibility refers to country which forces the criminal to take on criminal punishment.