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Study On Intoxication Of Criminal Law

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhouFull Text:PDF
GTID:2296330434957124Subject:Law
Abstract/Summary:PDF Full Text Request
Crime of intoxication which caused by weakening or loss control ability is acommon phenomenon in the world.So the criminal capacity of intoxication crime isdifferent from ordinary crime, And there are many disputes in how to penalize thecriminal responsibility and especially in China just providing the drunken criminalresponsibility, Therefore, it is very important and necessary to take a research onthe intoxication theory which include alcoholic, drug and other substance ofhabit-forming. And it is also important to improve the relevant intoxicationlegislation.In this paper, I used the knowledge of psychiatry and psychology tointroduce the concepts and features of intoxication. I also introduced the theory ofintoxication which is called by “actio libera in causa”.Through those research wefind the theory of “actio libera in causa” can better to solve and explain theproblem of intoxication criminal responsibility.In order to reform the intoxicationtheory.we should take some measures, such as basing on the criminal law theoryand then to import rational part of “actio libera in causa”. Finally aim to providingnew intoxication theory and the relevant intoxication legislation. To Implementingthe principle of theory to guide practice.
Keywords/Search Tags:intoxication, drunkenness, drug, actio libera in causa, legislativeproposals
PDF Full Text Request
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