The Reasons For The Free Exercise Of Acts Theory To Explore

Actio libera in causa is a controversial theory Since the inception. In recent years,drunk driving accidents occur gradually increased。Studying the theory of Actio libera in causa is not only help solve the problem in theory, but also help to promote judicial practice. After the historical accumulation, although the punishment of the Actio libera in causa no longer be a problem, the reasons stated can not be unconvinced. Based on the real needs, this article will give interpretation about the theory of Actio libera in causa. In the discussion process, in order to make a clear and comprehensive interpretation, induction, deduction has become the main research method.Discussion of the text, the article is divided into five parts, as follows: Introduction. In this part, the author introduced the problems which this theory is facing. It is of great significance to give perfect explanations. The first part is the overview of Actio libera in causa. After introducing the history of Actio libera in causa, combined with our unique criminal system, the author put forward the so-called Actio libera in causa which means a state caused by the behavior himself with intent or by negligence, in which he without legal competence has committed an act that satisfies the constitution of crime. Its features include the casual relationship of the cause act the result act, the compound of them, and the complete of criminal responsibility.The second part is the reconstruction of the punishment of the actio libera in causa , based on the behavior theory. The author tries to give a new explain by using the behavior theory. Because the actio libera in causa exist as behavior firstly, so elaborating it from the source is the key. In this part, the actio libera in causa is divided into two categories: the actio libera in causa of loss of spirit and the actio libera in causa of waking of spirit. Based on that, the author discussed the punishment.The third part is the act of the actio libera in causa which is the use of the theory of actio libera in causa. after commenting the theory of act, the author uses the theory of behavior to determine the point of the act of actio libera in causa ,namely, in the actio libera in causa of loss of spirit, the beginning of the cause act is the point of act and in the the actio libera in causa of waking of spirit, the beginning of result act is the point of act.The fourth part is the form not completed of the actio libera which is the use of the theory of behavior. In this part, the author discussed the attempt and the suspension of the actio libera in causa .The last part is the conclusion. By confirming the complexity and the specificity, the author thought we should use all kinds of ways to research the difficults in the judicial practice and in the process of studying.