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A Research On Actio Libera In Causa

Posted on:2012-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:L X CaiFull Text:PDF
GTID:2216330341952079Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Actio libera in causa",is a kind of behavior in criminal law,which a person conduct a crime when in a condition depriving his/her of effective control of the act or debasing his/her control of the act,but the condition is caused by the person himself/herself. The principle of criminal liability require only while carrying out a crime,he/she must have capability for criminal responsibility,then it can investigate and fix criminal liability of him/her. therefore, how to criminate the perpetrator of actio libera in causa, and coordinate between actio libera in causa and the principle of criminal liability, become the pith of actio libera in causa.This aricle includes four parts.Firstly,the summarization of actio libera in causa. In this part,starting from the concept of actio libera in causa,author reaches conclusion through inducing and analyzing diffident viewpoints,and classifies the kinds of actio libera in causa on that basis.Secondly,the theories of actio libera in causa.In this part,by introducing and hackling various opinions of actio libera in causa,the article gets the conclusion that there is nothing different about the doctrine of liability fixation between actio libera in causa and the general criminal theory.In this standpoint,the author argues the doctrine of liability fixation of actio libera in causa.Thirdly, act to execute a crime of actio libera in causa.The essay try to discuss the doctrine of liability fixation of actio libera in causa concretely and deeply,by the argumentation of act to execute a crime of actio libera in causa. Therefore,the author disucsses the standard ofjudgment to act to execute a crime,then,researches the standard ofjudgment to act to execute a crime of actio libera in causa based on introducing analyzing the criticisms.The author considers that the standard of act to execute a crime of actio libera in causa is the same as the general crime,which should be: the time when the interest of criminal law is out of control to the perpetrator.Fourthly, the thinking about the legislation of actio libera in causa.Based on the previous opinions,by combining the foreign and domestic related legislation and judicature,the author concludes the legislation views and suggestions.
Keywords/Search Tags:actio libera in causa, doctrine of liability fixation, act to execute a crime, the interest of criminal law is out of control
PDF Full Text Request
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