Research On Basis Of Criminal Responsibility And Methods Of Perfection Of Legislation For Alcohol-related Crime

The provision of paragraph 4 of the provisions of article 18 of the criminal law of China indicates that "Criminal responsibility shall be borne for alcohol-related crimes."Although this provision has became the legislative basis of sancation of alcohol-related crimes,there is no strong theoretical underpinning of this provision.Compared with other countries outside the region to penalize alcohol-related crimes,the legislation deficiencies of our country are gradually highlighted.The exact circumstances of alcohol-related crimes have not been fully differentiated.It is not conducive for China's criminal law to protect human rights while realizing the value target.This paper is based on the logical relationship between the theory of actio libera in causa and alcohol-related crimes,analyzes relevant theories developed over the years,such as "Theory of equivalent causality","Indirect principal offender similar theory","Exception theory" or "Carring out the continuation of the behavior theory".This paper also analyzes the contents of relevant legislation of drunk people crime.This paper expounds the theoretical viewpoints of various theory of actio libera in causa,and compares the pros and cons.Basing on such circumstance,to realize that why hasn't one theory become the consensus of the theorists.Based on numbers of national legislation theory researches,conducted in-depth discussions of the cause,which actio libera in causa theory is not efficient for interpreting the criminal liability of people who's drunked.To bypass the Logic problem between Principle of responsibility and actio libera in causa theory.Finally,a new idea is proposed,which is to set up a new crime.We may name the new crime "crime under influence".