Criminal Liability Of Inebriety-related Crime

Inebriety, medical called"alcoholism"or"ethanol toxics", is mental obstruction caused by drinking alcohol. Drinking itself is one's disengagement, yet executing harmful behavior to the society duo to inebriety will put it into the crime instead of social problem. The special cognizance of Inebriety crime from traditional penal responsibilities causes constant debate, so the scholars from China and other countries hold different ideas and haven't come to a final agreement. There is still no deep and systematic study in our country on the penal responsibility for the inebriety crime, so the author tries to start the research on this topic and hope to it will illuminate more or less the lawmaking and judicature. The article consists of five parts:The first part is the definition of inebriety and the premises and significance of inebriety crime. The definition of inebriety in current penal law books is mostly limited to acute alcoholism, and the emphasis of research is on physical inebriety. In fact inebriety has varies of reasons and types, but the development of medicine and the progress in judicatory psychiatrics provide scientific instruction to our knowledge and research about the inebriety crime. As the reason and behavior of inebriety is very complicated, we cannot put"inebriety"into pathological inebriety and physical inebriety, yet can we conclude simply physical inebriety takes the criminal responsibility and pathological does not. This complicity requires us to be extremely cautious in judging if the doer is capable to take the charge. In addition, in our country"inebriety"is only decided by the matter itself, that is inebriety is the mental obstruction caused by drinking alcohol, but it still needs the practical research...