On The Actio Libera In Causa

The Actio Libera in Causa is a concept mainly used in Civil-law countries, especially in the criminal law of Germany, Japan. While in Common-law countries, there is lack of a systematic theory of criminal law terms, but the long-term legal precedents have accumulated abundant thoughts and theories of the Penal Code. Although there is no term of the actio libera in causa, there are many cases that people involved in incapability or limit liability due to drunkenness and other reasons are criminal. But the actio libera in causa has not been defined in terms of its classification, constitution, characteristics, punishability, criminal type and usage. Thus, this article is about following issues:First, the history of the actio libera in causa is presented and analyzed for further study and discussion. Second, the definition of the actio libera in causa and its differences at home and abroad are observed to further make sure the research orientation. Thirdly, the subjective and objective aspects of the actio libera in causa are analyzed. Fourthly, with the combination of the research at home and abroad, the punishability of the actio libera in causa is explored to provide some references for its implementation and legislation. Fifthly, the intentional offender and involuntary crime of the actio libera in causa has been classified and compared, especially its affirmation and availability has been studied to define different criminal penalties.The article mainly focuses on two aspects. On the one hand, the related laws in Civil-law countries are compared, especially the related theories of Civil-law countries and Common-law countries so as to borrow some good ideas for Chinese judicial practice. On the other hand, since the actio libera in causa became of part of Chinese theory of law, many scholars in this field has analyzed and explored its adaptability to Chinese judicial practice. This paper elaborates the necessity of legislative of the actio libera in causa in Chinese Penal Code personally. At the same time, considering the hot issue about "drunk driving is a crime", this article also discussed the localization of the action libera in causa...