A Comparative Research on the Status of the Criminal Responsibility:From the Perspective of Philosophical Thinking

In China,the static criminal responsibility is the consequences of the crime,and it cannot reflect the process of the denounce.It is decided by the thought of the essentialism.In the civil law countries,the concept of criminal responsibility and crime is same.The existing way of the criminal responsibility is through the way that existence of crime.The elements of the criminal responsibility penetrates the process of the crime constitution,and it shapes the crime constitution,therefore,the criminal responsibility reflects the process of the crime constitution,and it is processing and dynamic which is determined by the thought of the holism.The criminal responsibility should be amended within the background of the current China to get the real question and alter the disadvantaged status and the empty content and eliminate the unnecessary disputes.