英美刑法中刑事归责理论的展开

英美法系刑事理论中的刑事责任是一个辩护事由,即免责事由。那么,如果对一个犯罪人判刑,使其接受惩罚,对于犯罪人的归责与可谴责性的判断就是一个关键的前提。在英美刑法中,关于刑事归责的理论较多,主要分为主观论和客观论,其中主观论分为选择理论和性格理论,而且在英美法系国家,这些理论的争论一直在进行。本文就对这些理论进行个绍,并且对其加以述评。

The Development of the Criminal Culpability Theory in the Criminal Laws of the Common Law Countries

The criminal liability is a defending cause, which is also called the cause of exemption from liability, in the criminal theories of the common law system. If a criminal is convicted and punished, then the judgment on the criminal culpability becomes a crucial premise. In the criminal laws of the common law system, many theories illustrate the criminal culpability, which can be mainly classified into the theories of subjectivity and the theories of objectivity. And the theories of subjectivity can be further divided into the choice theory and the character theory. The arguments towards these theories are always being held in the common law countries. This paper gives an introduction to and some comments on these theories.