刑事责任能力是刑法理论中重要概念之一,其定义在法学界叙述尚不完全统一,主要有“刑事责任能力是犯罪能力”、“刑事责任能力是承担刑事责任的能力”和“刑事责任能力是犯罪能力和承担刑事责任能力的统一”三种观点[1]。刑事责任能力虽是法学概念,但由于涉及辨认和控制能力等心理学问题,因而 Criminal responsibility is one of the important concepts in the criminal law theory. Its definition is not completely unified in the field of law. There are mainly “criminal responsibility ability is the criminal ability”, “criminal responsibility ability is the ability to bear the criminal responsibility” and “Criminal responsibility is the capacity of crime and criminal responsibility to undertake the unified ” three kinds of views [1]. Although criminal responsibility is a legal concept, due to psychological problems involving identification and control,