Criminal Law Of Cause Liberty Research

Cause Action and is a hot topic at home and abroad to discuss the criminal law field, the research on this issue has a very important theoretical and practical significance. In recent years, there have been many to drunkenness, drug use, etc. Since trapped irresponsibility status or ability to limit liability state, the state of the implementation of this harmful phenomenon of social behavior, which has aroused widespread public concern. In accordance with Article eighteen of China's "Criminal Law" Article 4, regardless of the subjective intent or negligence, either mentally deranged or weak state of consumption, it must bear the responsibility shaped thing. But this legislation will not solve the difficulties encountered in the practice of law, because behind this phenomenon is not just as simple as the above-mentioned provisions of criminal law theory behind it is very complex. Today, with the free exercise of reason as an initiator of crime is increasing, the free exercise of reason to criminal legislation has become an inevitable trend of affairs and academia penalty area. The continental law system in a concept- the reason for the reference to the free exercise of the criminal law context, to be obtained, the definition and conceptual reconstruction. The conceptual analysis of this as a premise to behavior theory and causality theory as the basis for behavior on the causes of freedom Punishable. Based on the status quo of legislation, the free exercise of reasonable reasons to learn from foreign legislation, its reasonable to revise and improve the integration into the system of criminal law, to the free exercise of reason to study how much benefit.In addition to the introduction and conclusion of this article is divided into the following four parts:The first part, the reason for the free exercise of an overview. First, the portion carried by the free exercise of reason to interpret the concept of the doctrine of the free exercise of reason to make a clear definition, pointed out the lack of a negative to say, in order to indicate the reason for the free exercise Punishable say for sure that a reasonable place. Secondly, the part of the analysis of specific features, more accurately grasp the behavioral. Finally, this section lists the reason for the free exercise of the type carried out the specific form set forth their subjective guilt and responsibility ability status.The second part, the reason for the free exercise Punishable theory. Cause Liberty conflict with the doctrine of responsibility is particularly clear that in order to reconcile this contradiction, find out the reason for the free exercise of reasonable grounds can be fined, there have been many theoretical doctrine. This part of the doctrine of various viewpoints in detail, the main responsibility for the maintenance mode on the responsibility and liability exceptions correction mode on the Mode of three main lines. Analysis carried out for each of the doctrine of this article, I think the responsibility on the exception mode is more reasonable.The third part, the reason for the free exercise of foreign legislation and experiences. First, this section describes the overview of the legislation on foreign countries for the free exercise of reason and the corresponding evaluation, analysis, mainly in civil law countries such as Germany, Italy and Japan as the main elaborate objects. Secondly, this part of the legislation before foreign summarized, according to different provisions of the perpetrator subjective fault responsibility and ability to form a state, summarizes the six main model to our country's judicial practice and legislation to provide a good reference.The fourth part of the legislative status quo for the free exercise of reason and legislative exploration. This section examines the overall status of the mainland and Hong Kong, Macao and Taiwan reasons behavioral theory of legislation, also introduced the free exercise of mainland reasons of doctrine legislation, mainly rely on judicial interpretation, sub-type and General type three theories comments on this basis, the author proposes a legislative proposal for the free exercise of reason, that is a combination of general and sub-model, to better address the plight of the free exercise of reason.