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刑事责任被普遍认为是犯罪与刑罚的中介。犯罪的本质特征就是应受刑罚处罚程度的社会危害性,法律特征是刑事违法性。[1]具备犯罪本质特征和法律特征的行为就必然受到刑罚处罚吗?作为犯罪与刑罚间纽带的刑事责任是否真起到了桥梁作用,即是否所有的犯罪行为都要承担刑事责任,是否所有的犯罪行为都承担了刑事责任?本文以“大义灭亲”为引,试分析在这类案例中,刑事责任的归属和轻重,以明示目前我国法治建设缺陷,促进公民法治意识进步,达到社会主义法治建设的目的。
Criminal responsibility is generally regarded as an intermediary of crime and punishment. The essential feature of crime is the social harmfulness that should be punished by the penalty. The legal characteristic is the criminal illegality. [1] With the nature of the crime and the legal characteristics of behavior will inevitably be punished by the penalty? As a criminal and penalties between the criminal liability is really a bridge, that is, whether all criminal acts must bear the criminal responsibility, whether all Criminal behavior bear the criminal responsibility? This article take “righteousness off the progenitor ” as a guide, try to analyze the attribution and severity of criminal responsibility in such cases, in order to clarify the current weaknesses in the construction of the rule of law in our country, promote the progress of citizen’s awareness of law and order, to achieve socialism The purpose of the rule of law.