Action Libera In Cause In Criminal Law

In criminal justice practice,there are ideologically clear activists who use alcohol and narcotics to make themselves fall into a state of unresponsibility or limitation of responsibility,thereby imposing a socially harmful act prohibited by criminal law in an attempt to evade legal sanctions.This behavior is the so-called cause of free behavior.China's current criminal law section 4,paragraph 4,only stipulates that those who are drunk should bear criminal responsibility.Such concise provisions are not sufficient to deal with the complicated criminal judicial practice and solve various problems in criminal justice practice.While the theoretical circle of criminal law has formed a general consensus on the punishing nature of free causes,many of the problems still exist in the theory of free cause of cause have not yet formed a consistent opinion.Nowadays,the behaviors that harm the society caused by free behaviors have become increasingly fierce.The reason that free behaviors have become criminal legislation has become the inevitable consensus of criminal law theory and criminal judicial practice.Systematic theory related to the reasons of free behavior,based on our country's legislation and judicial practice,and a reasonable reference to foreign legislative models,in order to reasonably and explicitly included in our criminal law system,is of great significance for the study of China's criminal law in the cause of free behavior.This article focuses on the theory of free cause of cause and discusses five parts in total: Part One,the concept of free behavior and its scope of establishment.The second part is the relationship between free behavior and responsibility.In the third part,the reason for the implementation of free behavior begins.The fourth part is the free act of intentional crime.The fifth part,the extraterritorial application of the free cause of reason and our country's legislation perfect.On this basis,this paper also proposes its own legislative proposals in order to better solve the problems related to free behavior.