责任是刑法理论中的重要范畴，但是在我国的刑法体系中，刑事责任概念因形式空洞饱受诟病。长期以来，其逻辑是：在尊重案情基础上，借鉴以往经验，大致估量应判刑罚——考虑各种量刑情节——综合量刑。这种量刑方法过于依赖经验，产生了许多弊端。后来，虽然国家在立法层面尝试建构完善的量刑规则体系和方法：即采取量刑起点——基准刑——宣告刑的方式，但由于司法人员知识结构中缺乏系统的责任理论，以及对实质责任和社会危害性的理解混乱不清，这些改革措施依然未收到预期的司法效果。针对理论和实践中缺乏实质、系统的责任论这一事实，本文笔者试图在探讨中国语境中的责任概念、理论的基础上，尝试结合最新的德国刑法理论，反思责任和预防的关系，重构责任理论。本文分为三部分：

第一章责任概念的中国语境反思。中国刑法早期以苏联刑法作为理论基底，近年来开始来向德国的刑法理论知识转型。这种独特的历史渊源，使得责任的用语混乱，也导致了学术讨论的理解障碍，更不利于体系的建构。笔者通过梳理相关概念，指出责任理论应当朝系统化方向发展。

第二章责任与预防的关系。责任和预防已经作为德国刑法责任论中一个前沿的重要问题。比较有代表性的是雅各布斯功能责任理论和罗克辛考虑刑事政策为目的的规范责任理论。笔者在梳理责任概念变迁和相关理论流变的基础上，指出责任与预防更多的是矛盾的同一性，目的是为了构建一个规范的社会。

第三章责任论重构：责任、刑罚和预防。中国未来法治社会的构建应当吸收法治国的历史经验，向保护公民自由、预防风险、塑造公民忠诚于规范的法秩序的方向前进。在现代化的社会治理体系中，刑法体系中的责任论也应当是系统有效的。重构责任论，我们应该意识到责任和预防不是割裂的。在当代世界观下的刑法，需要明确责任实质内涵、以及责任的各个要素在体系中的位置和相互关系，同时将规范和预防的观念融入责任体系的每一个细胞。因此重构责任论，责任、刑罚和预防的关系应该是：坚持责任主义原则，并将犯罪论责任中的责任成立要件作为量刑的基础，通过犯罪论责任的排除要件限制刑罚，最后通过量刑责任实现刑罚预防。

Responsibility theory is an important category in criminal law, but in our criminal law system, the concept of criminal responsibility has been criticized for its empty form. For a long time, China's judicial practice often uses comprehensive quantitative criminal law based on vague social harmfulness. The logic is: on the basis of respect for the case, draw lessons from past experience, roughly measure the punishment should be sentenced——consider various sentencing circumstances——comprehensive sentencing. This sentencing method is too dependent on experience and has produced many drawbacks. Later, although the state tried to construct a perfect system and method of sentencing rules at the legislative level: that is, to adopt the method of sentencing starting point——benchmark punishment——declaring punishment, these reform measures still have not received the expected judicial effect because of the lack of systematic responsibility theory in the knowledge structure of judicial personnel and the confusion of understanding of substantive responsibility and social harm. In view of the lack of substantive and systematic responsibility theory in theory and practice, the author tries to reconstruct the responsibility theory by combining the latest German criminal law theory resources on the basis of exploring the concept and theory of responsibility in Chinese context. This paper is divided into three parts:

ChapterⅠ Reflection on the Chinese Context of the Concept of Responsibility. In the early days of Chinese criminal law, Soviet criminal law was used as the base of theory, and in recent years, it began to transform its theoretical knowledge into German criminal law. This unique historical origin, which makes the language of responsibility confused, also leads to the academic discussion understanding obstacles, more unfavorable to the construction of the system. By combing the relevant concepts, the author points out that the theory of responsibility should develop towards systematization.

Chapter II Relationship between Responsibility and Prevention. The relationship between responsibility and prevention has been an important issue in German criminal law liability theory. More representative are the Jacobs theory of functional responsibility and Roxin's theory of normative responsibility for the purpose of considering criminal policy. On the basis of combing the change of responsibility concept and related theory, the author points out that responsibility and prevention are more contradictory identity, the purpose is to build a normative society.

Chapter III Reformation of Liability Theory: Responsibility, Punishment and Prevention. The construction of China's society ruled by law in the future should absorb the historical experience of the country ruled by law and advance to the direction of protecting citizens' freedom, preventing risks and shaping citizens' loyalty to the standard legal order. In the modern social governance system, the theory of responsibility in the criminal law system should also be systematic and effective. Reconstructing the theory of responsibility, we should realize that responsibility and prevention are not separated. Under the contemporary world view, criminal law needs to make clear the essence of responsibility, the position and relationship of each element of responsibility in the system, and at the same time integrate the concept of norm and prevention into every cell of the responsibility system. Therefore, the relationship between liability, penalty and prevention should be: adhere to the principle of liability, and the establishment of liability in criminal liability as the basis of sentencing, through the exclusion of criminal liability elements to limit the penalty, and finally through sentencing liability to achieve penalty prevention.