Analysis On The Physiology Drunk Pertaining To Crime Responsibility

According to China's criminal law, if drunken people who have absolute criminal responsibility commit a crime they are surely criminally liable. In the theories some people considered that getting drunk will not make the person lose the ability of recognizing or controlling their own behaviors but just weakening, and getting drunk is a kind of bad habit, which absolutely should deserve a rebuke, as a result the drunk with wine criminal offense certainly takes a complete pertaining to crime responsibility.The physiological drunk with wine crime is a tough problem. But the provision of our country concerning with the physiological drunk is too simple, the writer thinks it goes against protecting the benefits of "some part of drunk people with criminal offence."Many scholars suggest introducing the theory of action liberty in cause to our country's criminal law. The writer also agrees to this point of view. But as the writer mentioned about the theory if he want to apply the theory of action liberty in cause to the discussion of psychological behavior the behavioral person still needs to fulfill at least two conditions in "the injury action is intentional or mistaking" and "the drinking is of one's own free will". Whereas we can not treat the person whose drinking is not of one's own free will with the same theory, but making sure of the corresponding crime responsibility according to the behavior person's actual ability of responsibility. For dong that we can modify the assessment on the principles of crime responsibility pertaining to physiology drunk legally and taking on Chinese socialism features. Make our country become a socialism country under the law soon.The paper is totally divided into four parts:I. The general introduction of physiology drunk pertaining to crime responsibilityAs the beginning part of the paper the writer introduced the history development punishment of drunk crime briefly. Then some specific provisions about physiology drunk in several developed countries was enumerated. Lastly the writer expounded the provision in China according to criminal law article 18 items 4 in 1997.II. Theoretical bases on physiology drunk pertaining to crime responsibilityIn this part the writer discussed the lawmaking example of the physiological drunk pertaining to crime responsibility firstly, then presented the theoretical bases on physiology drunk pertaining to crime responsibility, in another word, trying to come to a conclusion through the life experience, medical knowledge and the laws of many countries that the behavioral person's ability of recognition and controlling was weakened and even lost due to the physiology drunk pertaining to crime, and meanwhile the behavioral person will doing something endanger to our society which was forbidden by the criminal law. Lastly the reasons of physiology drunk pertaining to crime responsibility was demonstrated.III. The theory of action liberty in cause in the criminal lawAfter the education of the theory of action liberty in cause from chapter two this chapter introduced the concept of the theory and the arguments about the penalty of the action liberty in cause. Then the writer affirmed the penalty possibility of the action liberty in cause, believed that the theory should be introduced to our country's criminal law. At last the writer made a scope of the physiological drunk by means of using the concept of the action liberty in cause.IV. The irrationality principles of our country's criminal law and the reflection of the physiology drunk pertaining to crime responsibilityIn the chapter First of all, the writer listed several standpoints concerning the physiology drunk pertaining to crime responsibility which was held by our country's scholars and the discussion of the limitations of the standpoints above. Then the writer mentioned about his own understanding of the physiology drunk pertaining to crime responsibility, dividing physiology drunk into voluntarily drunk and not- voluntarily drunk by drawing the figure. The voluntarily drunk part can be dealt with the theory of action liberty in cause, however, the not- voluntarily drunk action should be testified according to the actual ability of behavioral person's responsibility.V. The new consideration about responsible ability and suggestions of modificationAfter the writer researched and analyzed the criminal responsible ability of the different periods in the criminal research field some new consideration occurred that another period should be added in order to judge the behavioral person's responsibility by making sure of the corresponding crime responsibility with the behavior person in the whole drinking process. Thereafter, the writer brought forward three problems which should be regarded and solved right now. last the writer also gave some suggestions on physiology drunk pertaining to crime responsibility. The writer believed that the law items about physiology drunk pertaining to crime responsibility are too simple. Perhaps the actual practice organizations think it is good to be simple. But we should make a sensible analysis theoretically, mentioning it through the facet of lawmaking in detail. As some scholars said the criminal punishment is just like a double-edged sword. It do harm for both national and personal if we do not utilize correctly.