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The Reason For The Punishment According To The Free Exercise

Posted on:2014-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q JiaFull Text:PDF
GTID:2266330392962605Subject:Law
Abstract/Summary:PDF Full Text Request
In order to explain the relationship between the fact that offenders who become noresponsibility or limited responsibility due to their own deliberate or negligentbehaviors being punished and the principle that implementation behavior andresponsibility coexist, criminal jurisprudence of Continental law propounded the theoryof “actio libera in causa”. Concerning the basis on which “actio libera in causa” ispunished, there are two main theories, which are the theory similar to indirect principaloffenders, as well as the modified theory which insists implementation behavior andresponsibility coexist. The author thinks it depends on specific situations. In this paper,the author put forward some suggestions to perfect Paragraph fourth. Articleeighteenth.in the Criminal Law of the Peoples’ Republic of China.
Keywords/Search Tags:actio libera in causa, the foundation of punishment, coexist principle
PDF Full Text Request
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