A Study On The Form Of Crime Of Intoxicated Person Crime With Complete Loss Of Responsibility

China’s criminal law expressly stipulates that drunk crimes should bear criminal responsibility,but there is no provision for the crime of drunken crimes,and academic research is not sufficient.Drunken crimes can be divided into situations in which the actor’s ability to incomplete loss of responsibilities and the actor’s ability to completely incapacitate the actor.Complete irresponsibility of the intoxicated person’s sin-passing form requires special study.The first part is the concept of drunken crime and its development.By clarifying the relevant concepts and characteristics of drunken crimes,the standards for drunken crimes are clearly identified.This article compares the differences between drunken crimes and other mental illnesses,and elaborates on the particularities of researching drunken crimes compared to ordinary crimes,highlighting the necessity of researching drunken crimes.The second part is about the crime of drunken crime and the theory of free behavior.Drunken crime is a free cause of cause,which consists of a stage of cause and behavior and a phase of result behavior.In the case of drunkenness to a state of complete incapacity,because the perpetrator was caught in the responsibility capacity during the behavioral stage of behavior,the time point of the subject’ s subjective guilt should be recognized as early as the cause and behavior stage,that is,the state of being intoxicated and completely incapacitated.The stage,not the stage where the perpetrator acts in a state of complete loss of responsibility.The third part is the controversy over the form of guilty of intoxicating people who completely lost their ability to be responsible.Drunk crime is a typical manifestation of the free act of reason,and academic circles have different theoretical views on their sinful forms.The guilty form of a crime should be either intentional or negligent.The fourth part is the judgment basis of the form of the culpability of the intoxicated person who is completely incapacitated.There are different views on the basis for judging the forms of crimes in this situation,namely,the mental attitude of the perpetrators in a state of intoxication as a criterion for judgment and the knowledge of the perpetrators performing harmful behaviors after drunkenness before the perpetrators get drunk.This article believes that it is more reasonable for the perpetrator to have a better understanding of the harmful behavior of drunken people before they get drunk.The fifth part is the specific determination of the form of crime of intoxication by drunken people with complete loss of responsibility.In the state of total incapacity,intentional crime does not require dual intentions.It only requires the perpetrator to have intentional mentality in the drinking and drunkenness phase.The mentality of the perpetrator’ s drinking to loss of responsibility is intentional or negligent.can.The sixth part is the perfect proposal for the legislation of drunken crime in our country.This article believes that the criminal liability for free acts should be defined in the criminal law.The provisions on the crimes of drunkards should be detailed:First,drunkenness is divided into voluntary drunkenness and involuntary drunkenness,and the involuntary drunkenness is further distinguished as to whether there is a crime.Those who committed crimes before intoxication are determined subjectively according to their subjective mental state before drunkenness,and their corresponding criminal responsibilities are determined;and those who have no intention of committing intoxication before intoxication determine their subjective guilt according to their attitude towards harmful consequences.Investigate the corresponding criminal liability.Second,the involuntary drunken actor is divided into two situations:total loss of control of identification and loss of control of part of the ability to identify and control.For the involuntary drunkenness that completely loses the ability to identify and control,the perpetrator shall be determined as having no criminal responsibility,and the perpetrator shall not be held criminally liable.