Culpable of Punishment:the Essence of Criminal Liability in Criminal Law of China——On the Culpability in Criminal Law of Germany and Japan

The scholars of law in China have different attitudes to the concept of and its status in law system.This situation results in different comprehensions of the essence of liability.In the law theory of Germany and Japan,culpability,which is a very important element of crime,means somebody should be condemned due to his subjective guilty,based on their context and their constitutions of crime,despite a dispute between the two theories of moral and social liability.The criminal liability in law of China means the actor whose conduct has fulfilled the elements of crime has to be culpable of punishment and its negative judgment,based on the language circumstance and theoretical system of law in China.The essence of is culpable of punishment in law of China.