The modern legal system is built on the basis of traditional Han and adopted Western Cultures. An indigenous person is regarded as a criminal when his behavior violates the statute even if it rightly obeys his tribe traditions. This overemphasis of Han and Western cultural context in criminal justice is nowadays questioned as the cultural diversity and difference become an issue in our society. However, the most important question for a criminal law researcher remains that how we can deal with a criminal case regarding normative conflicts among Han, Western and Indigenous cultures. This article aims to provide a satisfying answer to the criminal liability within three points:1.Criminal liability is based on code regulations. Cultural recognition cannot be a direct reason for justification or exclusion of criminal liability.2.Criminal law theories ought to consider the cultural multidimensions as they are applied to decide a criminal’s liability.3.The author suggested that all elements concerning to criminal liabilities could be divided into two categories: justification (positive) and exclusion (negative) of crimes. As for the former one is concerned, there is no space for cultural multi-dimensions in order to keep the fairness of penal enforcement. However, as we decide whether a defense is sustained, multicultural contexts, including indigenous traditions, must be taken into consideration.