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The Research Of The Inculpation Of Actio Libera In Causa

Posted on:2016-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhangFull Text:PDF
GTID:2296330467994535Subject:Criminal Law
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Actio libera in causa generated from discussion on drunken crime criminalresponsibility," Actio libera in causa" refers to the acts with the criminal capacitypeople, intentionally or negligently makes his momentary loss is limited or notcompletely lost criminal capacity state and in the state in line with theimplementation of the objective elements of the offense."No responsibility, nopenalty," the motto we are familiar, if it is placed in the context of the discourse ofmodern legal theory, the doctrine should be called responsibility. According toresponsibility principle viewpoint, a person can have when implementing acts"responsibility" of criminal law sense, to investigate its criminal capacity whetherthere is the premise condition and its degree. But for actio libera in causa man,crimes against the results of the implementation of what he was in a mental statewhich continues to implement and produce, at this point which requires actorcriminal responsibility are in conflict with the foregoing responsibilities. If we werestill in accordance with the requirements of modern criminal law concept ofsubjective and objective consistent with this principle to the conviction andsentencing, and then determine the perpetrator innocence or mitigate the guilt, it isclear that the criminal law will result in vulnerabilities. Actio libera in causa istherefore in legality, responsibility of modern rule of law background to fill becauseof the doctrine of abuse of criminal capacity as a result of the vulnerabilities arisingfrom the criminal law.The inculpation of actio libera in causa has now achieved a broad consensus.But when the scholars analysis and discuss it in terms of basic theories of criminallaw, they would inevitably face the contradiction between the inculpation and thecoexist principle of criminal capacity and perpetrating act. In order to coordinate thiscontradiction, many scholars have already put forward a great deal of views. In thispaper, based on the basic theory of criminal law, tried two key elements from theprinciples embodied by the perpetrating act and criminal capacity to analyze and explain, then, this demonstration of personal views on the inculpation of actio liberain causa, illustrate the reasonableness of exception mode. And validated by the startof crime of actio libera in causa for exception mode, in order to explore this issue fora more satisfactory answer. The full paper is composed of introduction, body andconclusion three parts.Introduction, which the chapter mainly introduces the background, researchobjectives, research methods.The body, which is composed of the four parts as followings:Part1, Actio libera in causa ontology and its inculpation problem. The sectionintroduced briefly the source, the conception and features, and about the historicaldevelopment of the inculpation of actio libera in causa.Part2, The inculpation of actio libera in causa theoretical perspectivescomments. The section from mainstream academic standpoint, for the inculpation ofactio libera in causa views: constitutive requirements model, exception mode andexpansion mode, what respectively for introductions and brief assessment.Part3, The coexist principle of criminal capacity and perpetrating act relevanttheory to explore: exception mode of certificate. Two key elements of the part on theresponsibility principles involvingļ¼Œperpetrating act and criminal capacity to analyze.Through the concept of defining concluded which exception mode should be usedfor the inculpation of actio libera in causa.Part4, The problem about the start of crime of actio libera in causa: therationality of the exception mode validation. This section is according to the aboveanalysis, then select the issue of the start of crime of actio libera in causa, on thebasis of the start of crime, analysis it and using the analysis of the issue to verify thereasonableness of the foregoing exception mode.The conclusion,which summarized the whole article.
Keywords/Search Tags:actio libera in causa, inculpation, coexist principle, perpetrating act, criminalcapacity
PDF Full Text Request
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