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Criminal Responsibility Of Drunken Crime-on The Perspective Of Actio Libera

Posted on:2015-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:S J PanFull Text:PDF
GTID:2296330467454159Subject:Law
Abstract/Summary:PDF Full Text Request
In2011,"People’s Republic of China Criminal Law Amendment (Eighth)"(hereinafter referred to as "Criminal Law Amendment (Eighth)" provides for drunkendriving in traffic defined as Dangerous Driving criminal, as one of the133crimesconviction, to detention and fined. This legislation ends the long-standing situationthat drunken driving behavior can not be included on the Penal Code, and it preventthe behavior of drunk driving from worsening, indicating that the country began toattach importance to the drunken driving hazards. But in the past two years of judicialpractice implementation, the provisions of this crime still exists a conflict of legalitybetween subjective, and difficulties identified the perpetrator mentality; in criminaltheories, dangerous driving not only lacks of adequate theoretical basis, but also cannot solve disputes that controversial theory itself contains. So the study of Criminalresponsibility of Drunken driving means great practical necessity and theoreticalsignificance.As a typical manifestation of actio libera, drunk driving criminal showsdifferent subjective states under different state of intoxication, and there existsintentional and negligent subjective states. So it is necessary by further reasoningactio libera, to clear classification o drunken driving behavior, so that it can accuratelyidentify subjective guilt of the act.to determine the classification of drunken drivingbehavior objectively,only by it we can accurately identify subjective guilt of the act.Besides the introduction, this article involves four parts. The first part is an overview of actio libera. In this section, the paper introducesthe concept of actio libera, and analyzing several views on the scope of it’sapplication, namely the narrow sense, and elaborates its controversy, which I agreewith the view of the broad sense. Then I describe the unique characteristics of actiolibera, including the separation mixed complex, causality and continuity.The second part is the basis of drunken criminal offenses under actio libera.There lacks of control and recognize ability when a drunken person commit thecrime, but the Criminal Law stipulates that all drunk people need to take fullresponsibility. This will undoubtedly form the conflict between of judicial practiceand responsibility doctrine. Therefore, this section attempts to demonstrate thereasonableness of drunken crime subject to criminal penalties, based on analysis theconnotation of actio libera, combined with discussions the reason that drunk person beheld criminally responsible, to provide it’s theoretical support. After analysis andcomparison, I think whether from the perspective of the protection of human rights, orfrom the perspective of maintaining the consistency of the criminal law, it has adistinct advantage for solving deficiency of drunken criminal imputation, andprovides useful ideas for the criminal theory and legislation, and elaborated on thetheoretical analysis by reason of criminal drunken driving. Finally, by analyzingseveral theories of actio libera, explained the reason that drunken driving should befined: the act of the drunken contains the occurrence of the reality harm, which is inviolation of the criminal obligation, complying with the subjective and objectiveconstitution of crime, so the act is punishable.The third part is the analysis on subjective guilt of drunken driving. Firstly Ipointed out the current subjective guilt controversy of drunken driving, and the pathto solve the problem. Then discussed different types of drunkenness as a starting point,using actio libera theory, and explained its subjective aspects of harm behaviorimplementation. Meanwhile, combining drunk state in the implementation of specificharm behavior, I discussed two cases of voluntary and involuntary drunk driving,which voluntarily drunk driving accident also includes a voluntary drunkenness andwillful negligence voluntary drunken situation. Through consideration of different situations drunk subjective attitude, I concluded that not all drunken crimes should beheld criminally responsible.The fourth part is improvement of drunk Crime Legislation. Firstly, I analyze thestatus quo of drunken crime legislation and legislative shortcomings and concluded:The current legislation is too vague, subjective, contrary to consistent principles andnot conducive to the realization of special prevention. In order to overcome existingshortcomings, I put forward legislative proposals, including improving the generalprovisions on drunken crime, distinguishing between different types of drunkenness,implementing the principle of the responsibility principle, so that different types ofdrunk bears different responsibility.
Keywords/Search Tags:drunk crime, ability responsibility, actio libera, subjective reasons for sin
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