Research On The Inculpation Of Actio Libera In Cause

The main content of the theory of "Actio libera in cause" is that people who trapped in mental disabled to commit the crime shall not relieve or reduce criminal responsibility. "Actio libera in cause" in relation to general criminal acts, its particularity is that the implementation of the results of the perpetrator acts in the capacity of non-responsibility, or the ability to limit liability status, and this state has the responsibility to produce but it has its capacity since the move. In view of Article 18 of China's Criminal Law clearly stipulates criminal drunk people should be responsible for, but did not take into account its convergence theory of criminal law and related issues, the confliction between "Actio libera in cause" and the principle of criminal liability. Based on the above considerations, this aricle includes four parts.The first part discusses the major reasons for the punishable theory of "Actio libera in cause".We need to find the meet pint between "Actio libera in cause" and the principle of criminal liability,in other words, why "Actio libera in cause" should be punished? The second part tries to find the theoretical foundation for the punishment to "Actio libera in cause", in order to reconcile the confliction between the principle of responsibility."Actio libera in cause" was not a crime, but now it shoule be punished, because that the causes of behavior and the results have causal association, it determines that "Actio libera in cause" should be punishment. The third part explores how to punish "Actio libera in cause". Through identifieds the form of guilty intention and the executive conduct of intentional crime about "Actio libera in cause". Distinguishes intentional and negligent to investigated different people different responsibilities.The fourth part is on the basis of the text, combined with relevant foreign legislation, compared the attitude of different legislation and legislative models, the author recommends that General model can explain the reasons for the punishment of "Actio libera in cause". We can guide the judiciary through legislation.