Drunkenness Crime

Crime of Intoxication is a common phenomenon in each country in the world today, refers to both alcohol, drugs and other drug dependence substances and narcotic drugs, stimulants and drug treatment of diseases such as some non-dependent use of substances (smoking, drinking, taking or injection, etc.) ability to identify the perpetrator caused by weakening or loss or control, into a limited liability capacity and capacity under no obligation to carry out with a serious social harm, shall be subject to criminal punishment. However, as the intoxication crime different from ordinary crime, there are many disputes in how to penalize the criminal responsibility, and especially in China provides only a drunken criminal responsibility, the crime of intoxication to carry out the relevant legislation on the improvement of practical significance.This article is divided into introduction, body, conclusion of three parts, of which the body is divided into five parts.The first part of the intoxication crime outline, from understanding the daily life of intoxication, according to the English "Intoxication", and medical and psychiatric knowledge, to define the concept of intoxication, behavior person's mental state was positioned, the intoxication and related nouns drunkenness, Ming Ding, material non-psychotic mental disorder, material non psychosis mental disorders, as well as voluntary intoxication and involuntary intoxication, hangover, drunken such as comparative analysis, thereby determining a intoxication crime concept of intoxication, crime and responsibility for classification. On this basis, the second part examines the world about intoxication crime legislation current situation:the Anglo-American countries various intoxicating condition defined as intoxication and press on intoxication attitude for voluntary intoxication his criminal responsibility. Civil law countries and other countries have direct legislation provided for alcohol and other substances that cause intoxication crime criminal responsibility; others in the clear legislative other substances induced drunk and drunk the same treatment; and although not specified, but according to the general behavior of the criminal responsibility of crime investigation. In contrast, our country has only stipulated the drunken subject crime shall bear criminal responsibility legislation, can not adapt to the social reality of life in the complex intoxication crime. The third part explores the basis of subject of crime of intoxication bear criminal responsibility. The legislation of our country is only for intoxication crime in an drunken person who commits a crime shall be prosecuted for criminal responsibility theory, through" three basics" doctrine, perfect from intoxication crime system point of view, it is mainly manifested in two aspects, one is the research content of one-sided, not system; the other is a intoxication theory, inconsistent with the facts, some theoretical defects. The drunkenness'legislation of our country and the theory of three basics" can't adapt to the reality needs of social development. Therefore, the fourth part puts forward train of thought of system of intoxication crime. Through learning, from the distinction between intoxication and inaccessible to intoxication, crime analysis makes the capacity of criminal responsibility and into intoxication causes intoxication, understanding crime mentality, constructs the drunken crime theory. Finally, the "Criminal Law" Article 18, paragraph 4, and "Criminal Law Amendment (h)" in the drunk driving conviction on issues such as sound, revise and improve the proposed two-step advice and implementation of the proposed modifications to the pre-amendment.