从法律责任合理性理论看刑罚正当化根据(国外英文资料).docVIP

从法律责任合理性理论看刑罚正当化根据 On the justification of punishment from the perspective of the theory of legal liability rationality Abstract: legal liability and legal sanction are the basic issues of jurisprudence. Legal responsibility is the premise and foundation of the rule of law J, and legal sanction is the consequence and embodiment of legal responsibility. The rationality of the legal responsibility is the source of the legitimacy of the implementation of the legal sanction. From the angle of punitive legal responsibility criminal legal liability, this article has three kinds of rational theory of legal liability which have great influence on law circle. That is, the theory of moral responsibility, the theory of social responsibility and the theory of normative responsibility are introduced and analyzed. The modern legal liability rationality theory combining moral responsibility theory and social responsibility theory is analyzed. On the basis of this, the justification of punishment is deduced. Key words: legal responsibility: punishment: moral responsibility theory: social responsibility theory The basic problem that should be solved in the study of legal liability is the rational basis for the actor to bear the legal responsibility. Only the legal liability is reasonable, and the enforcement of the legal sanction is justified. In the field of criminal law, it is reasonable to assume that only the criminal legal responsibility is assumed, and the real journey of punishment can be justified. The reasonableness of the absence of criminal liability. There is no justification for punishment. I. The value basis of legal responsibility is the theory of rationality Value standard refers to the premise and fundamental basis of value orientation. The value basis of legal responsibility is to understand the legitimate foundation of legal responsibility from the perspective of value theory. There are three kinds of theories of value standard of legal responsibility, which are