Behavioral Criminal Matters From Depression

"No obligation, no penalty ","no mens rea no prisoners "correspond to two penalties of the civil law and common law principles for determining the capacity of responsibility means that the perpetrator responsibility should be identified by their conduct, that conduct and responsibilities capacity should exist."Subjective and objective unity" is the one of the basic principles of our criminal law, the basis of this principle, we can assume:the perpetrator no obligation ability that can not constitute a crime, the perpetrator can not be established no subjective fault penalty.Self-trapping behavior, also known as Cause Liberty, generally considered to be the perpetrator intentionally or negligently, itself trapped under no obligation, and the implementation of the Criminal Code in this state corresponds to the behavior of the constituent elements of a crime. But if caused by intentional or negligent the spirit of the obstacles without responsibility Competency Status by the behavior of people of the cause, at the same time, the spirit of the behavior is normal, also has a deliberate intent against a specific law benefits of, or be able to violations can foresee, if identified behavior because of lack of corresponding responsibility negates the guilt of the perpetrator or extenuating, it will inevitably lead to abuse of responsibility in penalty. Therefore, the emergence of the theory of self-trapping behavior that is proposed to fill the Penal vulnerability. Although a direct result of the behavior of the consequences of the crime occurred the state no obligation or limitation of liability capacity, resulting in this state because it is free. Scientists concluded that the implementation of criminal responsibility equivalent to such acts shall bear full responsibility for capacity. Self-trapping behavior, such as drug abuse, mental disorders drunk, and in this state to commit the crime, the criminal acts harmful to society than the average criminal, has greatly increased, so self-trapping behavior should be regulated. In this regard, Germany, Italy, Japan, Russia, Britain, the United States and other civil law and common law countries in the criminal law of self-trapping behavior provisions of the Criminal Law only a drunken man crime shall bear criminal responsibility ", simple few pens, which is obviously not enough. Judicial practice in China, a large number of case taking drugs, drunkenness or other reasons lead to self-trapping behavior in the actual operation is generally based on an intentional crime to deal with, but the lack of theoretical support and practical instruction criminal justice must be dangerous. This author in accordance with the self-trapping behavior in the world of the enactment of legislation and judicial practice in China to talk about theory, lack of practice and the corresponding measures to improve.