On The Reason For Liberty

Actio libera in causa is a heated topic in foreign and domestic forum of criminal law. The study of this topic has specific meaning in theory and practice. Recent years, the phenomenon that the intoxication and the abusing of drugs make the actor fall into the incompetence of the criminal responsibility and endanger the soeiety arouses the concern of the public. According to the Criminal Law of the People's Republic of China Article18 Subparagraph 4,Intoxicated person should bear the criminal responsibility no matter on purpose or in negligence. This legislature which is lack of specificity is insufficient because the phenomenon contains deep criminal theories. This phenomenon is the subject of actio libera in causa.The author reconstructs the concept of actio libera in causa and introduces it into China from continental law system.From the thoery the act can be divided into two parts the actio praecedens and actio subsequensthe. In constructing the theories,the author discusses the actio libera in causa theory,bassing on the classification foresaid. The key problem of the criminal resposibility of actio libera in causa is sloved.This paper is divided into six parts .