Theoretical Research On The Start Of Action Libera In Causa

The theory of "actio libera in causa" is unique in the criminal system of the civil law theory, it has dentified significance to attributable to the behavior. Recently, with the increased pace of China’s social transformation, which burst out of a series of drunkenness, drugs, mental disorders, as represented by the new responsibility of barriers to crime. For soluting these problems reasonablly, scholars have to pay more attention to the researching of the theory of "actio libera in causa". At the same time, we must talk about the start of actiolibera in causa. Therefore, this article intends to proceed with the problem "actio libera in causa" to expand research, and to provide some help to solve the issue of attribution for this kind of behavior.This article has five chapters. The first chapter is the introduction, describes the "actio libera in causa" for Theoretical Study on the situation in our country, taking a brief summary of the reasons for domestic and foreign scholars to the "actio libera in causa" of the theoretical results obtained for the institute.The second chapter is some theories about the theory of "actio libera in causa".All about this include its concept, structural features and behavioral characteristics. By the comparison and analysis, the "actio libera in causa" concept and behavior of structural features to be clear.Chapter III was the octrine of the theory on the start of the action libera in causa. In this article the author will analysis all of the theory on the start of the action libera in causa comprehensivlly and finally put forward the view I held. The start of the action libera in causa is the cause act in free, but can not be generalized.If the act to results has no urgent invasion, then the act in free do not be the start of the action libera in causa. Based on the chapter III, the author will use the theory of Behavior Invaluable Dualism to demonstrate the new points of the start of actiolibera in causa.At the end, the author appeal the judicial practice pay more attention to this theory, and want to give more help for this theory’s researching.