刑事责任能力作为犯罪主体要件之质疑

文章认为不具有刑事责任能力人实施的严重危害社会行为属于犯罪行为,只是行为依法不负刑事责任。由此论述得出结论刑事责任能力与行为是否构成犯罪没有直接联系,它不应当成为犯罪构成的主体要件,只是行为人是否负刑事责任的要件。文章主张将刑事责任能力从传统犯罪构成的主体要件中剥离、抽取出来,作为刑事责任理论的内容。

Ouary on Taking Criminal Capacity as the Mainly Important Condition of A Crime

The author thought the dangerous social behevior by the people who does not have criminal capacity is guilty behavior, but that doer will not be liable for the crime. The author made the conclusion from the above:criminal capacity has no direct relation with whether the behavior is guilty. It can not become the main requirement of constitution of a crime, but only the requirement of whether the doer will take criminal liability The author suggested that the criminal capacity should be pecled the constitution of a traditional crime, and make it as part of criminal important condition of liability theory.