Research on Criminal Responsibility Capacity

Author: Huang Dingquan
Publisher:
Publish Date: 2000-01-01
Features: Criminal responsibility capacity is one of the subjective elements of criminal acts. It is a crucial component in the criminal theory system. Without responsibility, there is no punishment. The actor must possess the capacity for criminal responsibility at the time of the act to be held criminally liable. Typically, criminal law does not set positive criteria for responsibility capacity but considers individuals with normal mental states as having criminal responsibility capacity. However, the concept of mental state and the criteria for judgment often vary due to differing perspectives from medicine, psychology, and law, leading to complex debates. This paper takes criminal responsibility capacity as its topic, based on the provisions of criminal responsibility capacity in the criminal laws of advanced countries and the prevailing criminal theory systems, to discuss the concept, essence, and relationship between criminal responsibility capacity and responsibility. It further explores the legislative approaches, criteria, and levels of criminal responsibility capacity. Additionally, it examines the relationship between mental disorders and criminal responsibility, analyzing and comparing them one by one. Based on the research findings, it proposes recommendations for improving the provisions of criminal law regarding criminal responsibility capacity, aiming to advance the study of criminal responsibility capacity.