On The Theory Of Drilling In Anglo - American Law System And Its Reference Significance To China

Crimes of intoxication refers to crimes undertook by someone suffering intoxication that cause by using of alcohol, drugs or other kind of intoxicants. Crimes of intoxication is widespread throughout the world. Due to the impaired abilities of learning and controlling caused by intoxication, deciding criminal responsibility of the offender who is in intoxication is always in question. But if we does not carry on punishment to intoxication offenders, it will indulge in alcohol or drugs, leading to destruction of social order. Therefore almost every country has been finding ways to find the drunkenness criminal imputation rationality basis. The civil law countries sought through reason free behavior theory of drunkenness crime regulation, while common law countries since drunkenness processing drunkenness crime criminal theory. This article focuses on crimes of intoxication theory.This paper mainly introduces intoxication theory, its development history, the basic content of the legislative and judicial experience some controversial issues, which is divided into three parts. The first part is the introduction to the theory of intoxication crime, which mainly introduced the meaning of intoxication, classification, the basic principles of intoxication crime, and the development history of intoxication crime theory. The second part introduces the legislation and judicial practice of intoxication crime. The part of legislation practice lists the legislation of UK, USA, Malaysia, India, Singapore and other countries and regions. The part of judicial practice emphatically analyses the differences between voluntary intoxication and neurological diseases, and introduces the debate about pathological intoxication. The third part has made the evaluation of intoxication crime theory, and puts forward suggestions to perfect our country’s the legislation of intoxication. Evaluation part mainly expounds the application of the theory of intoxication criminal reasonability of punishment according to the voluntary intoxication criminal, in addition to intoxication crime theory and the reasons for freedom act theory made analysis of the differences and relations. Finally, the paper analysis the characteristics and defects of Chinese legislation on intoxication crimes, and puts forward the corresponding perfect legislation suggestions.