Research On People’s Criminal Responsibility Who Are Mental Disabled Due To Drugs

In recent years, the phenomenon of people who are mental disabled due to drugs and then commits a crime under the state of mental disorders is increasing, it has been a serious threat to citizens’body and property safety and social harmony. However, the lack of theoretical study and law regulations, make the related judicial decisions different and not such scientific. Under this background, this paper will research and perfect this problem as follows. First, elucidate the fundamental concept, strengthen the research foundation; second, summarize and analyze the status of China on this issue, respectively from the dispute of the judicial case, defects of article 18 stipulated in criminal law and the related domestic criminal law theory; third, comb and analyze the actio libera in causa theory, look for key basis to solve the problem in this paper; fourth, to full the research results, this part also including three items:one is to distinguish the situation, correctly apply the theory. After taking drugs, in case of no criminal responsibility completely, to distinguish the phase of the subjective condition to decside whether to use the actio libera in causa theory to descide the criminal responsibility, and give the corresponding security measures; second is to perfect the criminal law. This part involves the liability cognizance and realize the regulation. third is to use the above idea analysis and deal with the specific cases, to verify its feasibility and provide enlightenment for the judicial practice.