| A intemperate situation is various and complicated, so it is difficult to affirm the criminal responsibility of intemperate people with size, the legal responsibility whether should bear and what legal responsibility should burden after committing a crime. The Criminal Law of our country only sets in clause 4 of article 18 "an intoxicated person,who commits a crime shall bear criminal responsibility." Although The Criminal Law Amendment (8) increased in a study of drunk driving charges and legal punishment this year, but the provisions of the criminal responsibility of the intemperate people in the judicial practice are still fraught with difficulties. So we should perfect the criminal legislation in reference to the related theory of foreign criminal laws, increase the reasonable criminal sanction methods of drunk crime, set a strict drunken judicial authentication procedure, and at the same time, strengthen the international exchange and cooperation with foreign criminal law educational world , hoping to offer beneficial reference for the perfection of our criminal legislation and judicial theory, which is of great theoretical value and practical significance. Intemperance mainly has acute alcohol poisoning and chronic alcoholism two kinds, while acute alcohol poisoning can divide into physiologic drunkenness, pathological drunkenness and complexity drunkenness three kinds of situations. Action libera in causa means the conduct of actor causes legal interest violations of the results or danger when he is in a fully no accountability or limit responsibility at the time of encroaching on specific legal interests, after his reason behavior out of subjective transgression. According to Eventually mean decision said of Nishihara Haruo, only the ones cause the violations of legal interests or dangerous violations of legal interests that is the conduct under the circumstance of Actio libera in causa, if actor has liability when perpetrate reason conduct ,he shall be deemed the ability in the whole process of unified conduct and should investigated for criminal responsibility. So, in the case of physiological drunkenness, the offender form in reason behavior is intention, and actor has limited liability in results conduct ,he shall undertake limited criminal responsibility, if the subjective power state is intention, the criminal responsibility is in accordance with intentional crime ,and if the subjective power state is negligent, the criminal responsibility is in accordance with a negligence crime , but may be lighter or mitigate criminal punishment. In pathologic drunken cases, if no drunken history, actor originally do not require criminal responsibility; if the actor had a history of drunkenness, shall bear intentionally corresponding criminal responsibility, as for its specific criminal responsibility it is in accordance with the legal interests and the violations. In complexity alcohol poisoning cases, if actor cannot be judicial identified mental patient, generally still bear corresponding criminal responsibility, but can lighter or mitigate criminal punishment. |
