Research On The Criminal Responsibility Of The Drunken Crime

As drinking wine becomes a essential part of people’s working and life in themodern society, drunkenness grows numerous. At the same time, injury cases,endangering public security cases which are caused by drunkenness occur frequently.As the basic principle of criminal law,“responsibility exists with behavior” requiresthat behaviors are responsible for their crime which is committed when they havecriminal responsibility. However people fall in limited ability or no criminalresponsibility ability after drunk. Criminal law of China stipulates that drunken peopleshould responsible for their crime.Does this provision violate the principle that“responsibility exist with behavior”? Besides, drunken man who does the harmfulbehavior should assume which accusation often bring dispute. Therefore, it hasimportant theoretical and practical value to analysis the criminal responsibilitydeparting from the basic theory of drunken crime.This article is divided into a total of five parts. The first part introduces theconcept of drunkenness and crime committed by drunk, the type of drunk.Drunkenness is divided into acute alcohol intoxication and chronic alcoholism. Theacute alcoholism is divided into pathological drunkenness and physiologicaldrunkenness. Based on the difference of pathological drunkenness and physiologicaldrunkenness, this article discusses the physiological drunkenness mainly. Then, a briefintroduction on the current situation and characteristics of drunken crime is made. The second part discusses the theoretical basis of responsibility for drunkencrime. First of all, according to the degree of influence of the drunk on the behavior’smental disorder, drunk can lead people into limited ability or no criminalresponsibility ability. Then, introduction of doctrines about theoretical basis for thedrunken crime is made. The main points of the doctrines are introduced. Based on theanalysis of the pros and cons of the doctrines, the rationality of the “actia libera incause” is discussed.The third part discusses the identification of calculated crime and negligencecrime committed by drunken men. After analyzing the subjective aspect of thedrunken man, it is thought that drunken crime includes intentional crime. The contentof intention is cleared. According to the different attitude of the drunken man towardthe harmful result, the specific circumstances of intentional crime and negligencecrime are defined. In order to determine the specific patterns of crime, theidentification of commence is explored.The fourth part is the empirical analysis of several kinds of drunken crime.According to the difference in subjective aspect and objective aspect, this partenumerates three kinds of drunken crime: the crime of dangerous driving, the crime ofintentional injury, the crime of major accident. It is analyzed that how to identify theperpetrator’s subjective guilt, accusation, the patterns of crime and crime number inthe specific case.The fifth part is suggestion for the perfecting of legislation about drunken crime.The status of the theory of “actia libera in cause” is not defined in criminal law inchina. Learning from foreign legislative model about this theory, this part put forwardsuggestions that we should supplement the criminal law legislation and the judicialinterpretation to stipulate the criminal responsibility of drunken crime.