Research On Several Problems Of Actio Libera In Causa

Many problems of actio libera in causa is a difficult problem in criminal law theory,these problems also plagued by judicial practice, how to properly for carding of theory ofactio libera in causa, and appropriate interpretation of our judicial workers is a not smallchallenge. The author carried out some research on some problems in the cause of freedomwith the judicial practice, hoping to provide a new perspective for the criminal law theoryand practice.In the first part, the author has conducted the research to the theory of actio libera incausa different definition, and based on summing up the views of scholars put forwardtheir views. On the basis of the domestic and international legislation was investigated, andthe vertical and horizontal comparison, find out the advantages and disadvantages ofnational legislation.The second part is a difficulty in the research of actio libera in causa, the author nowmore molding on the punishment of actio libera in causa basis are summarized, and theacademic point of view in the analysis of various base put forward the reasonable point ofview, and the reasonable interpretation.In the third part, comparison and judgment about the enumerated cases reason freebehavior of typical domestic and foreign, these cases are representative, scholars of thecriminal law theory also has the elaboration, the author in the free behavior contrast reasonfoundation and the result of case handling, further expounds the meaning of actio libera incausa.In the fourth part, the author puts forward to in the criminal legislation to expand thecause of freedom established; for remission of punishment claims due to being lured,forcing the case in irresponsible behavior of people.