| 英文摘要 |
Under system-functionalism in criminal jurisprudence the concepts and system of criminal law are neither based on abstract conceptual deduction, nor on ontological material logic (Sachlogik), but rather on the function of the social system, namely the needs of the society. This Article will try to investigate the criminal theory, especially the concept of culpability of the renowned functionalist in German criminal jurisprudence, Günther Jakobs. According to his systemfunctionalism, the interpretations of basic concepts in criminal law are based on the pre-set punishment theory. Since violating a norm will at least temporarily lead to the doubtfulness of the validity of the norm itself, the function of punishments is just to reinforce the claim of the norm’s validity. Jakobs named his theory of punishment the general prevention theory for validity maintenance. Based on the function of general prevention for validity maintenance, Jakobs constructed the concept of functional culpability. This article will then discuss the correlation between the concept of functional culpability, principle of culpability and free will, furthermore, the legal elements of culpability in his theory will also be analyzed.
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