Research Into Numerous Problems On The Theory Of Action Libera In Causa

Action Libera in Causa, also called self-trapped action, refers to the action performed in the situation of irresponsibility or specified criminal liability when the doer suffers from mental disorder because of his guilty. Action libera in causa is an important concept in the western law field. After remitting research for hundreds of years, although the essence of penalty of action libera in causa has been accepted gradually by the circle, there are still arguments over the conflicts between action libera in causa and principles of criminal liability. Nowadays, as the crimes caused by action libera in causa have increased, it has become an irresistible trend to bring action libera in causa into the category of criminal legislation in the fields of criminal law and judicial practices. Before the principles of criminal liability are established, the essence of penalty had been recognized by the German and Italian criminal law. However, the modern criminal law has carried out principles of criminal liability and demands that crimes should be established on the premise that the doer has the capacity to bear responsibility while committing crimes. If the doer is in the situation of irresponsibility or specified criminal liability while performing harmful act, he shall not be punished or enjoy mitigation of punishment, that is, the principle of"co-existence of the capacity for responsibility and the act"in theory. However, if this principle is fully adopted, criminals who intend to be in mental disorders and commit crimes will escape the criminal punishment. To solve the conflict, the German and Japanese law scholars put forward the theory of action libera in causa and try to seek the basis of the punishment for action libera in causa in theory. Action libera in causa is more serious while the doer does damage to the society in the state of mental disorders because of drunkenness or drug-addiction. Such acts reflect strongly the anti-society personality of doers, and their damage is not less than common crimes to the society. Therefore, it is regulated that the action libera in causa shall be punished in all nations and doers shall shoulder full criminal responsibility. Against the background of the principle of legally prescribed punishment for special crime and the principle of criminal liability, seeking reasonable basis of action libera in causa is a subject of great value and has important significance in theory and practice.This thesis will illustrate in four aspects including the legislation, objects of penalty of cause–free acts, criminal policy and judicial appraisal, about twenty thousands words.The first chapter introduces legislation examples of action libera in causa in representative nations. This part serves for the following contents. All the legislations are brief introduction. First the thesis gives a general introduction to the legislation in all nations and stated that the essence of penalty has gone through the course of positive-negative-positive. The legislation in China has no laws on action libera in causa in a strict modern sense except in the on item 4 of article 18, where the criminal responsibilities on crimes committed after getting drunk are regulated. Then the thesis continues to discuss respectively based on the legislation differences of civil law system and common law system. In the civil law system, German, Italy and Russia (though Russia inherits the mode of legislation from the pre-Soviet Union, it tends to become part of civil law system; since the topic the author will present is more related to civil law system, it will belong to the civil law system for convenience) act as representatives. Therefore, the legislation in these nations are illustrated and brief statement is made especially on general principle type or specific provision type or the mixed type according to different characteristics of legislation of these nations.As for the common law system, since they are legal precedent law countries, legal precedents of action libera in causa are chosen for study in Great Britain and America. Brief introduction is made base on differences of two nations.As for the common law system, since they are legal precedent law countries, legal precedents of action libera in causa are chosen for study in Great Britain and America. Brief introduction is made base on differences of two nations.The second chapter illustrates the objects of penalty of action libera in causa. The essence of penalty of action libera in causa has been accepted in the civil law system, but the statements on objects of penalty vary.The thesis starts with the analysis of the formation of action libera in causa, and then explains the relationship between causal behavior and sequent behavior and their characteristics, that is, the succession and continuity of causal behavior and sequent behavior, the continuity in meaning and the relevance of causality. Their formation and characteristics are fully illustrated so as to pave the way for commenting various objects of penalty. The causal behavior causes no danger by itself. However, the behavior is not an element forming invading interests. According to legally prescribed punishment t for a specified crime, causal behavior should not be the object of penalty.The sequent behavior causes serious damage, and accords with the requirements for the formation elements. However, crime should have three indispensable elements: conformity, illegality and liability. This behavior is conducted in the state of mental disorders; it doesn't have the element of reliability and has no premium for criminal punishment; therefore the sequent behavior by itself is not the object of penalty.The object of penalty should be clearly defined from the general angle of action libera in causa .Action libera in causa is abstract process behavior. It is the abstract combination of causal behavior and sequent behavior. The causal behavior is factual behavior, and so is the sequent behavior. It is their tight combination in space and time that provides integral behavior the possibility of comment in law.It may be concluded that objects of penalty of action libera in causa are abstract behavior based on the combination of two kinds of factual behavior. The author agrees with the unified behavior theory.The third chapter makes discussion on the offence form of action libera in causa. The first part will comment on theories of crimes of action libera in causa. The author agrees with the first opinion among the four ones, that is, the subject offence include intent and offence.Because of the uniformity of action libera in causa, the following we will discuss the psychological relationship between the causal behavior and sequent behavior. The extent of psychological relationship between causal behavior and sequent behavior of doers varies. The varieties lead to various offence forms. Comments on offences will be simplified since the statements of verification of intentional crime have been made above. The verified time and contents of action libera in causa are the same as those of intent offences.The fourth chapter analyzes the influence of criminal policies and judicial appraisal upon action libera in causa. It is believed that the two aspects greatly influence theories of action libera in causa. Criminal policies and theories of action libera in causa acts interact and develop together. What's more, the developments in judicial appraisal provide solid factual basis for theories of action libera in causa.