人格視域下無差別暴力犯罪的罪責探析

An Analysis of the Criminality of Undifferentiated Violent Crimes from the Perspective of Personality

無差別暴力犯罪往往因行為人肆意殺傷無辜他人而被處以極刑，但未在其主觀罪責上給予深究。在「少殺、慎殺」與構建和諧社會的政策下，死刑裁量根據不限於行為的危害後果，也應考慮影響行為人精神、情感及心智等主觀罪惡大小的人格責任。先天的個人素質與後天的生活環境均會影響人格的形成，故國家與社會得為行為人人格責任之抵減與分擔，對其處以死緩而非死刑立即執行有利於重新審視國家、社會責任與個人責任，罰當其罪，同時也有利於滿足受害群體的現實需求，修復受損的法律關係，兼顧刑罰效益與社會效益。

Indiscriminate violent crimes are often executed because the perpetrator wantonly kills innocent people, but his subjective responsibility and psychological attitude have not been deeply studied by the judicial organs. Under the policy of “less killing, cautious killing” and building a harmonious society, the basis of death penalty discretion is not limited to the determination of the harm consequences of the behavior, but should also consider the personality responsibility that affects the spirit, emotion and mind of the doer and other subjective crimes. Innate personal qualities and nurture the growth of the environment will influence the formation of personality, therefore, the state and society shall share the responsibility with criminal and sentenced him to death rather than immediate execution is helpful to review national responsibility, social responsibility and individual personality, punishment shall be fairly and he has committed crimes, as well as to meet the real needs of vulnerable groups, Repair the damaged legal relationship, give consideration to the benefit of penalty and social benefit.