The Defense Of Intoxication In British And American Criminal Law And Its Enlightenment

In British and American criminal law,intoxication is due to alcohol,drugs,other drugs,such as make the person fall into a state of spirit is not awake,and drunkenness crime is a kind of person in the crime on the implementation of the special condition.It is a defense in the common law system.Although the Anglo-American legal system has a lot of disputes about it,there is a general consensus that the fact that the actor is drunk can be considered as a factor of responsibility,but not completely disclaimer.Moreover,not all drunks can be used as a general defence,and only a few of them can be justified.The regulation of our country for drunkenness crime lies only with general article 18 of criminal law,the rule of principle,namely the theoretical model of Germany and Japan,"actio libera in causa" to explain the behavior person in a state or with limited capacity for responsibility without responsibility imputation problem under the condition,but the theory of "actio libera in causa" is not a complete explanation of criminal behavior and crime shape consistency(sexual)at the same time.Therefore,this article for the study of intoxication in the Anglo-American criminal law defense system,historical evolution and related legislation survey,the difference between deterrent criminal elements of voluntary intoxication defended and forgivable reason of involuntary intoxication,focus on imputation of voluntary intoxication " the processing rules of specific intent and basic intent",the revelation of the our country criminal law about drugs and drugs in the crime of reflection and improvement of the processing rules,intoxication and the judicial practice in our country of imputation of drunkenness crime theory put forward the feasibility.This paper is divided into four parts.The first part describes the concept and classification of the defense of intoxication,describes the development history of the system of intoxication defense,and distinguishes the defense of voluntary intoxication and involuntary intoxication.In the second part,the author expounds the legislative situation of the defense of voluntary intoxication,and proves the dilemma and solution of " the processing rules of specific intent and basic intent".The third part,from the legislative and judicial perspective analysis of the involuntary intoxication defense basis.In the fourth part,the author analyzes the problems of the drunkenness crime processing rules in our country,and then puts forward the perfect conception of our country's intoxication rules.