Research On Actia Libera In Causa

Actia libera in causa, as the phenomena, includes three categories: result act which is in the situation of non-capacity for conduct; non-capacity for liability; limited capacity for liability. But as the theory, it should resolve the issues that the result act is the non-liability act or the limited liability act. The object of this theory is to resolve the dilemma that the result act without the full capacity for liability can meet the nature of the implement conduct, or the result act with the full capacity for liability can not meet the nature of the implement conduct. That is how we can clarify the punishable of Actia libera in causa without against the foundation of the two theories. The real task of Actia libera in causa is to make the criminal policies which will penalize Actia libera in causa reasonable, and to limit the extent of the penalty by means of the enforcement of the criminal theory based on the ism of the liability and the ism of the penalizing and criminalizing by law. Firstly the paper introduces and analyzes the current theories oversee, uncovers the paradoxical nature of Actia libera in causa, then it researches the foundation under the background of our country's legislation through the related regulations in our country. Secondly it conceives the theory by means of the regulations of our criminal law to research the most reasonable approaches for the current regulations.In the first part, there is only the general introduction of Actia libera in causa, which will provide a clear background and general extent for the followed analysis. In the second part, the author introduces the theories oversea. Because nearly all the current theories of Actia libera in causa are under the dictions of civil law, the paper just introduces kinds of views mainly in Japan and Germany. Firstly the author discusses the traditional tool theory which is also called the theory of indirectly implementing crime, the foundation of which lies in the similar structure of Actia libera in causa and the theory of indirectly implementing crime. Take the theory of indirectly implementing crime into account, the nature of the Actia libera in causa can be affirmed, so it is also known as the theory of cause act. Secondly as to the liability-ism, there is the theory of modified result act which has modified the principle of the contemporary existence of the liability-ism. It recommends that the implement act is the result act which will result in the violation of the legal interest, or by the means of questioning the traditional principle of contemporary existence, or the intention when it is the cause act, to research the modification of the liability-ism. Then it introduces the so-called dualism. The special character of the theory is that: there is not the same effect and judge standard. The falling to doing of the implement act which is to be as the penal term of abortion and the implement act which is to be as the necessary constructive term: From it, it's recommended that the time of the result act is the time of falling to dong, the act in cause is the implement act which is demanded by the theory of necessary constructive terms, so the performance act is away from the falling to doing of the implement act. The theory is called dualistic performance act. Lastly, it introduces the idea of the theory of legislation which is in research of the approaches by means of legislation, and also introduces the legislation and the related views about it in Germany.In the third part, we are back to the background of legislation in our country. Firstly the author analyzes the nature of the capacity for liability by means of consulting article 18 in criminal law. The author affirms that the drunkenness is possibly the situation of limited capacity for liability or the non-capacity for liability. Then the author gives a new explain of article18 clause 4 in criminal law, and recommends that "the drunk commits a crime" here does not mean "the drunk who is in the drunkenness commits a crime". So it's different from the traditional...