On The Start Of Actiolibera In Causa

The theory of actiolibera in causa is a very characteristic topic discussed by the forum of criminal law in continental law legal family. In recent years, the high occurrence of driving crime after drinking excessively has aroused widespread attention, many scholars have cited the theory of the actiolibera in causa to provethe reasonable punishmentfor the criminal behavior in self-trapping no (or limited) capacity of the state through the action such as drunkenness, drug abuse. At present, despite the different specific ideas,the punishable ofactiolibera in causahas been basically reached a consensus, so, it is necessary to make a deep studyof this theory,this paper attempts to study the start of actiolibera in causa in order to make this theory from the academic study toward the reality of juridical practice.This paper has four parts.The first chapter is an introduction.In this part, the author mainly introducesthe present situation of putting the theory of actiolibera in causa into the juridical practice in our country, and briefly illustratesthe overall situation of the theory of actionlibera studied by the domestic and foreign scholars;The second chapter is an overview of the theory of actiolibera in causa. Through the summarizingand contrasting the views of different scholars, the author clears the concept,connotation, basic features and basic types of actiolibera in causa, and analysesbrieflythe punishablebase of actiolibera in causa;The third chapter is the theoretical discussion of the problem on the start of actiolibera in causa. The author analyses in detail the mainviews on this issue of domestic and foreign scholars from the different faction, and analyzes their respective contributions and lack of the theory. And on this basis, the author clears my position on this paper, that is, the begin to act and the start of the executive conduct in actiolibera in causa is separate. The executive conduct begins to act in ActioParecedents state, and the executive conduct starts when the act infringementto the legal interest reaches immediate and urgent danger;The fourth chapter is the confirmation of the start of actiolibera in causa in the juridical practice. Through analyzing the typical cases of the two types ofdeliberate form of actiolibera in causa, the author tries to show the practical application of the view proposedin this paper.