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罪责原则具有限制刑罚权发动的机能,因此被视为刑法的基石而不容动摇。但是刑法中的罪责概念并非一成不变,它随着时代的发展历经了概念的演变。从预防角度解读罪责的实质内涵是晚近德国学界发展出来的重要思潮,其中以雅科布斯教授提出的功能罪责论和以罗克辛教授提出的答责性理论为代表。预防罪责理论的创出招致了学者的质疑与批评,但是也引发了对罪责与预防关系的深入思考。
The principle of guilt has the function of limiting the right to punish the penalty, so it is regarded as the cornerstone of criminal law and can not be shaken. However, the concept of guilt in the criminal law is not static, it has evolved with the development of the times. Interpreting the essence of guilt from the perspective of prevention is an important trend of thought recently developed by German academic circles. The theory of functional guilt as proposed by Professor Jacobs and the theory of responsivity proposed by Professor Roxanne are the representatives. The creation of the Theory of Prevention of Guilty of Crimes has aroused the questions and criticisms of scholars, but it also triggered deep reflection on the relationship between guilty and prevention.