Conflict And Solution:Research On Actio Libera In Cause And The Principle Of Responsibility

Actio libera in cause is a heated topic in criminal law.Although the criminal law theory have admitted that it belongs to be fined a crimetypes that should be punished,there is no perfect method to result thedispute 1 between actio libera in cause and the principle of responsibility which related that the act of perpetrating and capacity for criminal responsibility should be at the same time.Actio libera in cause not only refers to the drunk crime,it is a special type of crime.It has a special actstructure and psychological characteristics so that it is a difficult problem to solve.As a result,based on a comprehensive consideration of the modern criminal law theory,it is necessary to find the methods from the criminal legislation to solve it.This paper is divided into six parts,include:The first part is foreword.Foreword,put forward the question.Much attention has been paid to actio libera in cause theory from its establishment.There is no method to solve the problem between actio libera in cause and the principle of responsibility.At present many countries has did a lot of efforts from two aspects of theory and legislation of actio libera in cause,but there are already a lot of problems.Our country also has this question.There is no the principle of responsibility in but the principle of integrating subjectivity and objectivity in China.In fact,the two principles are the same in nature.So the theory of actio ibera in cause should be discussed in ourcountry's criminal law environment.The second part is the introduction of the principle of responsibility.In this part,the author discusses the definition,content,function and other principles in criminal law.Therefore,we can have a general understanding of the principle.The third part is the introduction of actio libera in cause.In order to seek the basis of the following,it is necessary to examine the definition,history,feature,classification and status in the criminal law.The fourth part mainly discusses solutionsto solve the conflict between actio libera in cause and the principle of responsibility.Firstly,the author makes a introductionof the conflict.There are some main performance of it.Then,this article tells some solutions to solve the problem.In this part,the author discusses the theoretical basis to it.Then author introduces some method put forward by mangy scholars to solve the problem include the maintenance principle,the amendment principle and the exception of the principle.Lastly,analyzing these theories,there are some shortcomings in these theories.Then the author puts forward his own opinion.The fifth part mainly discusses the current situation of the legislation of actio libera in cause in the world,and makes a detailed analysis of the representative countries.Then the author introduces the theory and legislation of actio libera in cause in China,and puts forward some legislative suggestions on the legislative pattern of actio libera in cause in China.