2006•Journal of Liaoning Administrators College of Police and JusticeRequires access
The Development of the Criminal Culpability Theory in the Criminal Laws of the Common Law Countries
Zhang Kai
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Abstract
The criminal liability is a defending cause, which is also called the cause of exemption from liability, in the criminal theories of the common law system. If a criminal is convicted and punished, then the judgment on the criminal culpability becomes a crucial premise. In the criminal laws of the common law system, many theories illustrate the criminal culpability, which can be mainly classified into the theories of subjectivity and the theories of objectivity. And the theories of subjectivity can be further divided into the choice theory and the character theory. The arguments towards these theories are always being held in the common law countries. This paper gives an introduction to and some comments on these theories.