Conflict And Resolution Of The Principle Of Action Libera In Cause

With the drunk driving into prison,the discussion of the theory of the action libera in cause in China's criminal law circles has become increasingly fierce.Although the punishability of the action libera in cause has been recognized by the academic community,there is still a dilemma in the handling of the relationship with the traditional principle of responsibility.The separation of responsibility and enforcement behavior causes that punishing this behavior may create conflicts with traditional accountability.Therefore,this paper focuses on this issue in the Chinese enviroment,in order to find a reasonable solution.This article is divided into four parts:The first part is the introduction part,which mainly discusses the background and research significance of the topic.The second part mainly discusses the conflict between the theory of action libera in cause and the principle of responsibility by analyzing the special behavior structure and the main characteristics of the principle of "simultaneous existence",and then combines the judicial typical cases in practice further illustrate the conflict between the two in the application of judicial practice.The third part is to compare and analyze the theoretical controversy about the conflict resolution Summarize the main points of each doctrine and analyze the advantages and disadvantages of each doctrine.The highlight the focus of controversy.For example,whether the principle of responsibility should be adhered to,and the principle of existence is to require the simultaneous existence of practicing behavior and responsibility or the behavior and responsibility.The last part is about how to resolve conflicts.First of all,on the premise of insisting that responsibility must be observed,we must reflect on and further explore traditional responsibilityism,while answering and demonstrating the focus of the controversy in the previous part.The inner defination of the principle of simultaneous existence cannot be arbitrarily amended,and explain the principle of unified criminal responsibility of subjective and objective in China in combination with the criminal law of our country.The principle of responsibility is important,but not without any exceptions.Based on the theoretical basis and the basis of reality,the rationality of the exception model of the responsibility principle was demonstrated,and its reasonable scope was also explained.Then,by comparing the advantage and disadvantages of the exception?the revison of the principle of responsibility and the maintainence of the principle of responsibility,the exception will be proved to be more superior in the theory of action libera in cause and more suitable for China.Finally,combining with typical cases in judicial practice,the rationality of the exception in the application of actual cases will be further explained,and the issue of the determination of the actor's responsibility in the case of drunkenness and drug abuse will be disscussed.