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人格责任是以相对意志自由论为根据,折衷道义责任论和社会责任论提出的一种归责方法。人格责任由行为责任和人格形成责任两个层次构成。基于责任判断的伦理性和整体性标准,人格形成责任直接影响定罪。大陆法系刑法理论上的刑事责任与我国的刑事责任有所不同,但人格形成责任的理论仍然可以在部分刑事责任能力、过失累犯等问题上为我们提供借鉴。
Personality responsibility is based on the theory of relative freedom as the basis, a compromise of moral responsibility and social responsibility theory put forward a method of attribution. Personality responsibility is composed of two levels: responsibility for behavior and responsibility for personality formation. Based on the ethical and integral criteria of responsibility judgment, the responsibility of personality formation directly affects the conviction. The criminal liability in criminal law theory in civil law system is different from the criminal responsibility in our country, but the theory of the responsibility of forming personality can still provide us some references on some criminal responsibility and recidivism of negligence.