Drunken Person's Criminal Responsibility Ability Analysis

This paper is about the specific analysis under the various stages of thedrunkenness, drunkenness subjective psychological control to identify the capacitydifference between the final conviction and sentencing On the Theory of ActionLibera in Causa. The article is divided into five chapters to write.The first chapter talks about overview of drunken crime. First to introduce drunkfrom the point of view of forensic medicine and clinical standards, leading to theconcepts and features of the drunken crime, also referred to herein drunk onlyphysiological drunk. The last part of this chapter discusses the practical significanceof the drunken crime.The second chapter discusses inside and outside legislation of the drunken criminal.This chapter is the introduction and summary of drunken crime legislation inside andoutside. China’s domestic drunken crime legislation is very simple and crude, HongKong, Macao and Taiwan regions and some developed countries (covered by civil lawand common law) reflects the different forms of punishment under different drunk inthe legislation.The third chapter introduces theoretical arguments of drunken crime constitute acrime. Chapter III and Chapter IV is the core part of this article. Chapter III includesthe typical case of drunken crime and controversial issues, drunken criminalresponsibility according to the theory and the theory of controversial assessment.Through a case raises a controversial issue, the paper show the positive opinion andnegative opinion about the case, and enumerates four drunken crime controversialtheories.The fourth chapter involves criminal Liability of drunken crime on the Theoryof Action Libera in Causa. Theory of Action Libera in Causa becomes the basictheory of this paper. First part introduces the concepts and features of this theory sothat readers have some knowledge of the theory. Last part discusses the nature of thebehavior and criminal responsibility of the voluntary intoxication and involuntarydrunk.The fifth chapter aims to improve the drunken crime legislation. The end of thechapter is a summary of the deficiencies and defects of the current criminal law aboutthe drunken crime, and gives advice of drunken crime.