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一直以来,责任主义原则都被认为是刑法的根本问题之一。坚持责任主义原则不仅可以很好的发挥责任主义的自由保障机能,更好的构筑刑法理论体系,同时也为司法者提供了合理的定罪模型。但是,责任主义原则在现代刑法体系中是否可能得到彻底贯彻?责任主义原则是否存在例外?如果有,对责任主义原则的例外应如何看待?责任主义原则及其例外的关系应怎么处理?越来越多的质疑,促使我们去思考责任主义原则及其例外的关系。文章将从一般意义上的原则与例外入手,分析责任主义原则在当代社会语境下的处境,论述对责任主义原则面临的挑战,并在此基础上对两者关系进行初步探讨和思考。
All along, the principle of responsibility has been considered as one of the fundamental problems of criminal law. Persisting in the principle of responsibility not only can play a good role in the guarantee of the freedom of responsibility, but also builds the theoretical system of criminal law better and at the same time provides the judiciary with a reasonable model of conviction. However, is it possible for the principle of responsibility to be fully implemented in the modern criminal law system? Existence of the exception to the principle of responsibility? If so, what should be the exception to the principle of responsibility? What should be the relationship between the principle of responsibility and its exception? The more questioning prompted us to think about the relationship between the principle of accountability and its exceptions. The article will start with the principles and exceptions in the general sense, analyze the situation of the principle of responsibility in the contemporary social context, discuss the challenge to the principle of responsibility, and on the basis of which, conduct a preliminary discussion and reflection on the relationship between the two.