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在刑法学理论体系中,刑事责任具有独立性。应从刑事立法理念、罪刑规范、刑事司法等角度,区分不同的刑事责任以澄清认识误区。刑事责任的本质是体现主体意识与社会责任的以罪刑关系为内容的一种刑事责任归责体系,从刑事责任根据到刑事责任归责是其体系构建的基本趋势。刑事责任归责的基础是犯罪构成,刑事责任归责体系由犯罪构成与正当化事由共同组成。
In the theoretical system of criminal law, criminal responsibility is independent. Should be from the perspective of criminal legislation, crime and punishment norms, criminal justice, etc., to distinguish between different criminal responsibilities to clarify misunderstandings. The essence of criminal responsibility is a kind of criminal liability system which takes the relationship of crime and punishment as the content, which reflects the subject consciousness and social responsibility. From the criminal responsibility basis to the criminal responsibility imputation, it is the basic tendency of system construction. The basis of the criminal responsibility imputation is the crime constitution, and the criminal liability imputation system is composed of the crime constitution and the justification.