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在我国现行刑事责任理论体系中,作为刑罚个别化核心概念的人身危险性扮演了重要的角色,它与社会危害性一起共同构筑了我国刑事责任的全部内涵。于是,传统的罪刑相适应原则相应地亦被改造成罪责刑相适应原则。然而,这种改造的结构性缺陷是至为明显的,它不但违背了罪与刑的逻辑连接,也严重背离了罪刑均衡之规诫,而且不符合现代法治国家的精神伦理。因此,改造我国现行刑法中举步不前的责任理论势所必然,而改造的关键在于必须将人身危险性因素从传统责任体系内予以剥离,作为犯罪后果的刑事责任的大小只能由犯罪的严重性而不能由其他因素决定。人身危险性等预防因素只能在最后量刑时,方可将其作为缓和刑事责任所决定的刑罚的相关变量予以考量。
In the current theoretical system of criminal responsibility in our country, the personal danger as the core concept of individual punishment plays an important role. Together with the social harmfulness, it constitutes the entire connotation of criminal responsibility in our country. As a result, the traditional principles of crime and punishment corresponding to the principle has also been transformed into sin and punishment to adapt. However, the structural defects of this reform are obvious. They not only violate the logical connection between crime and punishment, but also depart from the strict rules of the balance of crimes and penalties and are not in conformity with the ethics of the spirit of modern law-governed countries. Therefore, it is inevitable to reform the preconceived theory of responsibility in current criminal law in our country. The crux of the transformation lies in the fact that the risk factors of human beings must be stripped from the traditional responsibility system. The criminal responsibility as a consequence of a crime can only be determined by the serious crime Sex can not be determined by other factors. Precautionary factors such as personal danger can only be considered as relevant variables for mitigating the penalty decided by criminal responsibility when the last sentence is sentencing.