关键词: 行为人刑法; 人格; 行为人类型; 商谈; 功能责任

Abstract: The theory of personality criminal law can be established at the level of mitigating and eliminating crimes， but there are shortcomings such as immature crime theory system， imprecise personality measurement， and lack of negotiability， so it has not been implemented in judicial practice. We should rely on the class system and the theory of functional responsibility， and construct a negotiable perpetrator type doctrine under the element of responsibility to integrate the stability of the behavior criminal law and the preventive nature of the perpetrator criminal law， link the facts of the individual case with the concept of personality， and connect everyday language with legal language. Starting from the concept of personality， guilt is the corresponding relationship between delinquency and criminal personality that appears and is revealed， and punitiveness means that the revealed personality must be punished and corrected. In the types of perpetrators such as “polyandry in Tibetan areas” and “general gang participants”， the element of responsibility is not established， which also means that the illegal behavior cannot be attributed to the criminal personality， or the personality revealed by the behavior does not need to be punished， and the responsibility cannot be established.

Key words: perpetrator criminal law; personality; perpetrator type; negotiation; functional responsibility