Actio Libera In Cause

Actio libera in cause, the science of criminal law is very special, and charming theory, mainly existing criminal law theorists Yu De, day, scholars debate on the theory is long-standing, attention is mainly focused on its relationship with the responsibility of the. Have not yet formed a unified exist a lot of problems in the theory of action libera in cause answer. This paper aims at analyzing the reason free behavior theory, probes into the various controversial issues, in order to be able to resolve problems and complete introduction of this theory.This paper discusses the reasons for free behavior theory of content is divided into the following several aspects: the first part is the introduction. To illustrate the behavior of the cause of freedom meaning and purpose, probably explains the presence of this theory, problems are pointed out in this paper aims to answer these questions. The second part is about an overview of the action libera in cause. In this part, mainly elaborates the domestic and foreign scholars, the theoretical circle of criminal law in the cause of freedom for the behavior of the concept there are different expressions, but the author intention by reference to these scholars description and analysis, put forward their views, and then according to the concept of the action libera in cause were classified and described their characteristics with the. The third part is the reason free behavior can be punished. First of all, can be based on the concept of justice criminal policy and people, admit that the reason free behavior has may punish the nature, and then the reason free behavior of the penalty determined with a full description of the theoretical basis of force. In the criminal law of continental law system already exists in the five kinds of penalty theory basis for elaboration and analysis, pointed out that the five theories are a problem, and then puts forward the author of the penalty basis: control behavior. The fourth part is the other questions about reason free behavior theory. Includes two problems to be solved, one is the cause of free behavior and to implement the behavior, another is the reason free behavior of unfinished form. In the cause of freedom the behavior and proceed to this part, firstly introduces related theory already exists, then carries on the evaluation, and then the author puts forward for the problem how to identify the claim. In the action libera in cause unfinished form this part, first put forward clearly to be discussed attempted and termination of the two unfinished form in reason free behavior intentionally, and then attempted form and discontinuation were put into action libera in cause without ability of responsibility and the limit responsibility ability in judgment. The fifth part is the conclusion. The aim of this part is a summary of the whole thesis.