Because Liberty Research

"Actio libeia in cause" is a theory that a man who commits a crime in cause of non-criminal liability or limited criminal liability, which is caused by himself or herself. In continental law country' s criminal law, it is an important theory, which was originated in German. Because of its two behavior, subjective elements and punish ability of the action libera in cause is always the focus of the debase. This thesis makes an analysis on the concept and special behavior of the action libera in cause , reveals the form of subjective elements and the basis of the punish ability,, Last on the basement of retrospection of the continental law country' s legislation, this thesis gives some pieces of advice of the action libera in cause.That paper is composed of two parts, introduction and the body.Introduction: briefly introduce the purpose, method and meaning of research.The body is divided into five parts as follows:-Part one: The generality. Firstly, put forth the conception of the action libera in cause. Secondly, make an analysis on the five features of the action libera in cause. Lastly, clearly recapture the process from shoot to development by the correlation of the history origin of the action libera in causePart two: Study on the objective elements . Firstly, put forth the common and special features, clearly exhibit the special conduction of the action libera in cause. Secondly, analysis of the start time of the conduction put forth a conclusion that identification of the cause conduction is the key of the identification of the start time of the action libera in cause.Part three: Study on subjective elements. This part gives an acute analysis of the subjective elements, which includes two parts, intentionally and negligently. And correlate the composition and type of the subjective elements of the action libera in cause.Part four: Study on the basement of retrospection. This part put forth the writer' s particular opinion by an analysis on the contradiction of the retrospection of the action libera in cause and the theory of the criminal law.Part five: Legislation conception. On the basement of retrospection of the continental law country' s legislation, this part put forward some pieces of advice of the action libera in cause. All of these put a legal ground for the application of the action libera in cause practice.