On the"Personality Evaluation"and the Development of Criminal Liability in Chinese Criminal Law
The development of criminal law should further attach importance to the personality evaluation of the ac-tor.Emphasizing the personality evaluation of the actor can provide theoretical support for lenient punishment in special cases in practice,and achieve the unity of legal principles and circumstances in case handling.Criminal attribution is the process of dynamically determining the criminal responsibility of the perpetrator by considering their personality comprehensively.The elements of criminal liability include the capacity of crimi-nal liability,the awareness of Criminal defenses,the possibility of expectation,and personal danger.The construction of criminal liability theory can promote the hierarchical progression of behavior and actor evalua-tion in the Chinese criminal law system,separate factual judgment from value evaluation,and change the shortcomings of the"flatness"of the Chinese criminal law system.After deepening and improving the theory of criminal responsibility through criminal attribution,a dynamic process of conviction,attribution,and sen-tencing can be formed,constructing a theoretical section of crime theory,criminal responsibility theory,and penalty theory,and improving the Chinese criminal law system of crime responsibility punishment.
Personality EvaluationCriminal ResponsibilityCriminal ImputationCrime-responsibili-ty-punishment SystemChinese Criminal Law
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