Action Libera In Cause In Criminal Law

As an important concept in the academic circle of German and Japanese criminal law,the theory of free action of cause has always been debated and studied by Chinese and foreign criminal law scholars.How should we deal with this kind of behavior after all?This problem exist great obstacle in criminal law theory.On the one hand,at cause behavior time,although the doer had criminal intention,but he did not execute behavior to prepare behavior even constitute a crime;On the other hand,at perpetrators result behavior time,his responsibility ability reduces even loses,It should be reduced even exemptd the penalty.According to previous theories,punishing the doer violates the principle of"responsibility and behavior exist simultaneously".On the contrary,if this kind of behavior is not punished,it will departure from the normal feelings of law completely.The theory of free action of reason is put forward by German and Japanese scholars to solve this"paradox".For this,China's criminal law section 4,paragraph 4 "those who are drunk should bear criminal responsibility",which reflects the concept of freedom of action for reasons,but this provision is not enough to deal with all kinds of difficult problems in judicial practice,and it is more likely to violate the principle of adaptation of culpability to punishment.What's more,many problems in this theory have not yet formed a unified opinion in China.For this reason,we still need to carry on the thorough discussion to the reason free act theoryThis paper will focus on the theory of causal free behavior in criminal law from five parts:the first part is the introduction,aiming to lead out the research background,current situation and significance of causal free behavior;The second part is the definition of free behavior.The author interprets the definition of free behavior by domestic and foreign scholars,summarizes the main controversial focus at present,and tries to put forward own opinions.The third part is the most important part of this paper.The author tries to discusse several representative problems in the theory of free action for reasons,such as the occurrence basis,the scope of the subject,the form of fault,the sentencing and other cases.In the fourth part,on the basis of summarizing status of legislation of foreign countries,this paper sorts out the current legislative defects in China,and puts forward some suggestions for different situations,so as to better solve the dilemma of theory and application of free action of cause.