Since the idea of separation has been mentioned by Baron de Montesquieu to prevent government power or politica strength violate the neutralization and independence of judicial power, human society also extend this idea to the concept of crininal law. For example, modern criminal law scholars realized through medival period’s situation that, if we allow government carry out penalty with out any limitation, the disadventage was significantly more then the adventage that we possible gain.
Moreover, the although the human soceity might keep harmonic or peaceful, but human’s dignity would be set in a instable situation. Therefor, the principle of "nulla poena sine lege"; the principle of legality has benn mentioned.Besides, as the humen rithgs protection has been arisen, it also induce the government power selfrestrain it’s punishment power, especialy thoes official who direcly in charge of sentence to punishment. As a result, the principle of legality and selfrestrain is the fundation stone of the modern criminal.
Due to this, if we hope to achieve the best result that might be carrying out by the two principles, we still need go through legal methodology in a conscientious and careful way. Therefore, the objective and analyzable theory of「Die Lehre vom Verbrechen」 will be formed. The sociology and criminology has showed, the definition of crime is a behavior of anti-society and violates other people’s social life benefit. So it clearly point out that criminal law must consider suspect’s illegal mind and responsibility judgment as to build a well structure criminal law to sentence reasonable punishment. This request also make the commentary of criminal law became more subjective and formality.
The responsibility of criminal law is very different from illegal mind which is judged objectively, the responsibility of criminal law is always attribution of responsibility for the offense as the perpetrator subjective in nature. Therefore, on the judgement of Tatbestand which is just by the perpetrator's mental state to be refined.
But the connotation of responsibility is only to be obtained from the specification of requirements to obtain , or involve other actors behavior patterns to be observed , for example, as members of society should abide by the principle of self-discipline , everyone becomes an element of criminal law responsibility should enrich the connotation .
This article departure from the connotation of responsibility principle , the responsibility to review the meaning and norms , social relations , and again back reflection , and the construction of the criminal law liability connotation.