On The Criminal Liability Of Drinking Crime In China

"An intoxicated person who commits a crime shall bear criminal responsibility," the legislation, simple, but hidden complex theoretical problem and difficult problems in practice, with the research on the ability of the intoxicated person’s criminal responsibility of medical and forensic psychiatry, the principle of "criminal responsibility ability and the behavior at the same time made drunk criminal responsibility to a dilemma, and the drunk criminal judicial practice operation is not standard, and the theory is not harmony, not justice, caused the thinking of new scholars, compared with the theoretical study more, it is necessary to focus on the judicial practice drunken crime, the systematic study of the the drunk crime in our country based on collecting more than100cases.First, the dilemma of drunk crime in the theory and the practice questions one by one to exposed. First of all, in theory, liability principle makes the existence of criminal responsibility in irresponsible drunk crime commitment into dilemma, traditional theory of drunken crime in our country and unrealistic lack of persuasion, introducing "actio libera in cause"from the form of breakthrough in the theoretical dilemma solved according to the problem, but there is a coincidence and the applicable scope of debate on the theory. There is a need to further explore. Secondly, in practice, the drunk criminal judicial process influenced by our traditional theory basis and the lack of normative, incompatible with the modern theory of the drunk criminal evidence, criminal responsibility cognizance ability drunk with a lot of obstacles, the drunk criminal penalty of injustice, the solution of these problems has an important guiding significance for the judicial practice of our country.Second, the dilemma of drunk crime theory and practice issues one by one analysis and put forward suggestions to solve, first of all, in the face of theoretical difficulties and drunk crime in our traditional theory unrealistic, I agree with the introduction of "actio libera in cause" as the theoretical basis of drunk crime in china. Secondly, through the method of study, combined with the analysis of the wrong operation in the practice, that the cause of freedom theory and the drunk crime does not exist coincidence argument, then, consider the legal theorists and the theory of "actio libera in cause" on its scope of application, the basis of the system demonstration in the author, advocated the theory of actio libera in cause" should be used in a narrow range, and regard it as the theoretical basis of practice. Finally, to the refinement of the judicial practice as the main line of the drunk crime in judicial practice problems to solve, judicial practice procedures shall be consistent with the theoretical basis and the drunk criminal, identified in the capacity of criminal responsibility of drunkenness, crime of drunk to the judiciary for active identification, criminal responsibility norms identified in the law judgment and medical judgment subject, in order to ensure the accurate identification of the recommendations adopted a double standard for the identification of the drunk person of criminal responsibility, and the views are analyzed.Third, based on the above, the punishment of the intoxicated person’s criminal responsibility was studied and executed death penalty of drunken crime, i put forward a proposal, first of all, the crime under "actio libera in cause" should bear full criminal responsibility, secondly, the ability to limit the liability of drunk crime into two, a Dutch courage, another to advance without premeditation, for drunk embolden type drunk crime should be severely punished, to advance without premeditation drunken crime, the author does not advocate a lighter punishment, finally, thought to be drunk crime in the immediate execution of death penalty should be especially careful, except in special circumstances immediate execution of death penalty shall not suitable for. then testifying the point of view above by the cases.