On The Reasons For Liberty

The theory of actio libera in cause takes a special position in criminal system though it is not so important as other theories. It's basic principle has conflicts to principle of a legally prescribed pumshment for a specified crime and priciple of suiting punishment to crime which are basic principles in criminal law. So we can see the transform of study visual in criminal by studying the theory of actio libera in cause.The article has six parts:First, foreword. This part mainly introduces the theory of actio libera in cause and contradictories with traditional criminal theories. Then from the international trend of the theory' development in theory articles, point the meaning that study the theory of actio libera in cause.Second, the summarization of actio libera in cause. In this part the author reaches conclusion through inducing and analyzing diffident concepts of actio libera in cause, and in the same time the author summarizes three action characteristics which actio libera alone possesses.Third, the punishable of actio libera in cause. In this part, the author simply looks back on the source and development of the theory first and then mainly introduces various ideas about the punishable of action libera in cause. Base on the discussion above, this author reach his own idea.Forth, the crime constitution of the actio libera in cause. In this part, the author pays attention to the subject offence, executive conduct, the main body and the object to be punished of actio libera in cause.Fifth, the criminal type of the actio libera in cause. We think that the actio libera in cause could constitute intentional crime, false crime, and independent crime, and definite strict conditions it must have.Sixth, the legislation of actio libera in cause. In the last part, the author amylases the flaw or related prescription in our criminal law, combining the foreign related legislation, and in the end concludes the legislation view.