On Criminal Liability Of Intoxicated Persons

As one part of life, drinking wine becomes more and more numerous. At the same time, the cases of mayhem and domestic violence which caused by alcoholic are increasing. Especially these years, the traffic accidents caused by alcoholic emerge in an endless stream, and harms to the society, now drawing the attention of people. There is a situation that although traffic accident crimes happened frequently, and the details of these cases are similar, the judgments are quite different. For example, whether the traffic accident caused by alcoholic is suitable for traffic accident crime or crime of intentionally endangering public security by dangerous means now confuses to justice practices.We should make more efforts at the basic theories of alcoholic crimes if we want to settle all these disputes. That makes the analysis of criminal responsibility of alcoholic crimes to be more significance and theoretical. At present, the opinions on this issue in our country is also quite different, haven't formed a complete and scientific system. Under its influence, the relevant provisions of criminal legislation is also behind the real needs, making Article 18 of the Criminal law became "a single show" in the entire criminal law which stipulate the criminal responsibility of alcoholic crimes, highlights the problem of weak legislation. In order to make more reasonable theoretical basis of the criminal responsibility of alcoholic crimes, then solve the difficulties in the justice practices, the author writes about the issues of criminal responsibility of alcoholic crimes.The first section will introduce the concepts of alcoholic-related crime, definite alcoholic in the view of drunken driving, based on medical and psychiatric classification of drunkenness, we divide alcoholic into chronic alcoholism and acute alcoholism including physiological drunk, pathological drunk and the complexity of acute alcohol intoxication. Meanwhile, the paper introduces the unique classification of drunkenness in the common law system, that voluntary intoxication and involuntary intoxication, and does some basic introduction about characteristics of these types of drunkenness. On this basis, the paper describes the role of alcoholic crime that is the criminal sudden strong, strong violence and serious consequences. It also investigates the treatment attitude of alcoholic crime from the severe penalties to negation of penalty. the modern society,the penalty depends on the circumstances。 The second part will focus on criminal responsibility of alcoholic crime in accordance. In this area, there are the early three-under theory, strict liability theory and theory of continuing to implement actions etc. Despite their own rationality, they still can not explain the basis for criminal responsibility of alcoholic crim. The problem is incompatible with our criminal justice system. So he paper devoted to the maturity of foreign criminal law theory. After analyses and compare this, we consider theory of Actia Libera in Causa has obvious advantages in protection of human rights and maintenance of legal interest. It provides a useful idea to address shortcomings of the criminal theory and legislation.The third part starts at the different types of drunk. It uses the Theory of Actia Libera in Causa to analyses an actor who is drunk how to treat the drunk itself and how to treat the alcoholic crime which is prohibited from Criminal Code before drunk. Meanwhile, it combined with drunken behavior in the implementation of the harm which the specific state, then analyses the subjective attitude of intoxicated persons. So we can know that not all crimes come to be the conclusion of criminal responsibility, such as drunk the first time in the case of pathological, non-Physiological situation of voluntary intoxication. As a result of voluntary intoxication caused by physiological and pathological drunkenness know they are still drunk criminal case should take full responsibility.In the fourth part describes the civil law countries and common law countries the related criminal responsibility of alcoholic crime legislation, introduced in Germany in particular sub-legislative model, to provide a complete reference of criminal legislation. China's General legislative model is too general, not comprehensive enough to protect the legal interests, and the contents of the legislation violated the principle of objective and subjective agreement. To overcome the existing shortcomings, the author proposed legislative model based on general principles, based on the sub-reference the German legislative model, and improve the provisions of sub-a crime that is more suited to criminal guilt. At the same time, responsibility for implementing the principle of sin, so that different types of drunk assume different criminal offenses, and the principles of criminal liability of alcoholic crime is clearly.