The Theoretical Dilemma And Outlet Of Actio Libera In Cause

“Actio libera in cause” theory is an important theory in the continental lawsystem. Modern national criminal law are considered punishable nature of the actiolibera in cause, but in the system of criminal theory, it has had a seeminglyirreconcilable conflicts with the principle of “behavior and responsibility exisying atthe same time”.Apart from the introduction and conclusion, full text is divided into three parts.Each part of the main content is as follows:Part1,the generality of the actio libera in cause theory.This section describes thecontroversy of the concept of actio libera in cause,defines the scope of actio libera incause from its responsibility and the subjective factor and definitude the focus of thearticle research.Part2, the plight of actio libera in cause theory. Four representative theories inactio libera in cause theory are stressly introduced and analysised.Part3,the way out of actio libera in cause theory. This part firstly puts forward thenew concept of behavior and the concept of criminal behavior, expounds the main-bodyand subjective factor under the new concept of criminal behavior and determinesthree standards of the start of actio libera in cause,which provides theoretic support tosolve the problem of punishable theory of actio libera in cause. Secondly, this partdiscusses the new concept of actio libera in cause, nature of behavior, the identificationof the act to execute a crime. Finally,it expounds the crime constitution of directlymistaken self-trapping acts in actio libera in cause,clearing its punishable.