The Research About Actio Libera In Causa

The term of"Actio libera in cause"was originated in continental law system. It is a very important theory in continental law country's criminal law, which means that a person commits a crime under the condition of non-criminal liability or limited criminal liability but the condition is caused by the person himself or herself. However, it has been given many arguments since it came into China. Whether"actio libera in cause" is punishable , scholars pursuant to different theories have put forward different positions .However, none of the theories seems to be perfect, obvious are their defects in the aspects of object of punishment, scope of the subject ,and the form of guilty intention, etc. In this thesis, the author thinks that since it is stipulated generally in most civil law countries that it is punishable as a crime, but the respective legislation of those countries on the subject is not identical to each other. The criminal law of our country does not provide for the subject, but, in a sense of preserving the legal feelings and maintaining legal orders, provisions with respect to such subject should be made so as to avoid the conflict with the principle of"No Law,No Crime". The whole thesis was divided into three parts.Introduction, which introduced briefly the purpose, the method and meaning of research. The body, which is composed of the five parts as followings:Part 1, The generality of the Actio libera in cause, which introduced briefly the conception, the source and the sort of the Actio libera in cause.Part 2, The structure and character of the Actio libera in cause,which first analyzed the main-body, the subjective factor and the objective factor of the Actio libera in cause, then discuss upon the structure.Part3, The scope of apply to the Actio libera in cause, which think the scope of apply to the Actio libera in cause should include intention crime and negligent crime.