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Criminal Liability Of Inebriety Person Crime

Posted on:2009-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:C Y YuFull Text:PDF
GTID:2166360278954349Subject:Law
Abstract/Summary:PDF Full Text Request
In our country, inebriety is a serious social problem. Inebriety persons crimes bring about furthermore horrifying harms to society and they are still on the rise. Concerning the interpretation confirming criminal responsibilities of inebriety persons, which is made by mainstream theories of China's criminal law doctrine, there still exist shortcomings. Legal provisions on inebriety crime in China's criminal law are simply too broad and general without any judicial explanations. These two facts lead to an argument among groups of criminal law theroies, but also a direct result that judges enforce the law in different scales in different places. Discussing the criminal responsibilities of inebriety persons in theory and proposing the views and amendments of the deficiencies in legislation do have practical significance. Introducing the reform history, basis of inebriety persons criminal legal responsibility theory basis question, confirming of responsibility and suggestions of criminal responsibilities hold by drunken people, the article studies the theories of different historical periods and analyzes their advantages and disadvantages. It is promoted that the theory of using of action libera in causion provides more rational explanation and contributes more to confirming of criminal responsibilities of inebriety persons criming. On the premise of according with traditional theories, the writer draws an appropriate conclusion after an analysis of inebriety persons' psychology committing crimes while drunk or after drunk, a verification of inebriety criminal responsibility ability and bearing of inebriety criminal legal responsibility by applying theory of action libera in causion and a thorough research in specific types of drunken crimes. After discussing the shortcomings of China's criminal legislation on drunken crime, the article puts forward some proposals with a view to encourage the same cases to be solved in more effective and rational ways, and to realize individual justice.
Keywords/Search Tags:Inebriety personcrime, Criminal liability, Improvements in legislation
PDF Full Text Request
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