Drunk The Issue Of Criminal Responsibility

People who get drunk is always a serious social problem. Committing a crime after drunk brought about horrifying damage to the society, so theorical discussion of the resposibility of drunk person and the the practical research is of great use. Experts on criminal law in our country, have different opinions about this question, but they think the people who committs a crime after drunk, should be response to the criminal responsibility.This articleis is based on the history and theory dispute of criminal resposibility, the thoery base of the criminal resposibility of drunk people, classification of the drunk person, and each kind of alcoholic intoxication person legal responsibility concrete burden as well as the various countries about the alcoholic intoxication person legal responsibility vertical legal regulation and to our country alcoholic intoxication person legal responsibility legislation suggested several aspects have carried on the exhaustive elaboration to the legal responsibility related question.The alcoholic intoxication person legal responsibility question is the question which debates for a long time in the theorists. All has carried on the stipulation from the ancient times to the modern criminal legislation and the criminal law theory to the alcoholic intoxication person's legal responsibility question and discusses profoundly, the alcoholic intoxication person should take the legal responsibility is the present theorists logically coherent argument.About the alcoholic intoxication person legal responsibility theory basis question, foreign and our country academic circles has many theories, some social benefit said, the reason free behavior said, three bases said, implements the behavior extension to say, the strict responsibility said, the psychological fact adds the standard appraisal to say as well as the crime constitution important document tallies said, above each theory all has its good point, but also has many malpractices, so they are unable truly to solve the alcoholic intoxication person legal responsibility theory basis problems.Under compares, the author approves of the crime constitution important document to tally said. The crime constitution important document tallies said the emphasis seeks the alcoholic intoxication person legal responsibility from the crime constitution important document angle the basis, this with our country's elementary theory is consistent, therefore should give the full affirmation.According to the acute alcoholism spiritual pathology nature and itsthe serious degree, the spiritual medicine and the judicial psychiatryacute will be drunk the liquor to divide into the physiology to bedrunk the liquor, the pathology is drunk the liquor and the complexityis drunk the liquor three kind of situations.according to the behavior person whether hasthe mistake, it can be divided into it voluntarily-drunk and non-voluntarily-drunk the liquor, drunk person's legal responsibility to carry on recognized, should this unify two kind of classifications, like this is helpful to be more explicitdiscrimination each kind is the drunk person's legalresponsibility and the crime form.Not all of the physiological drunken people will have to bear criminal responsibility. Not all the pathological drunken people are not held criminally liable. Involuntary physiological drunken person is a serious period of ataxia, especially drowsiness period, that is not drunken people living in a state of responsibility, is not criminal responsibility. For pathological drunken people, there is usually no criminal responsibility. However, if the perpetrator deliberately or mistakenly find themselves pathological drunken state, should be held criminally responsible. Deliberate as the perpetrator of a crime, intentionally use their pathological drunken state commission of a crime. If the fault of pathological drink with the Constitution, had occurred before pathological drunkard. But for the perpetrator of such a situation has not fully fulfilled the duty of care, After occurred pathological drunkenness and harmful act.In view of the Penal Code on criminal responsibility of drunken people to be too general and not strong operational shortcomings, I make reference to other countries of the drink criminal legislation, a number of proposals of their own.