Research On Criminal Liability Of Inebriety-related Crime

Whether drunk in the past, or today, is a very serious social problems, such as drunk and make trouble even drunk uncivilized behavior is endless criminal acts, which not only undermined the individual family harmony, a sense of community and the public interest security violations, which, in itself a social issue of the drunk and begun to enter the field of vision of the Criminal Law. Our provisions for criminal liability on drunken people are larger general and the basis for the comparison with the traditional theory of criminal law is unique, which makes the issue of controversy, academics are even more different, people has not yet reach a consensus. Research about drunken people on criminal responsibility for crimes is not enough in-depth and systems, many issues have not yet reached an agreement on drunken crime therefore there is a practical significance for the issue of criminal responsibility from the theoretical study, combined with the reality of the need for the existence of relevant legislation shortage and how to improve the proposals. This thesis is divided into four parts:The first part of the thesis is an overview on criminal responsibility of drunken people. First of all, start with the concept of determining drunkenness, a detailed classification of different types of drunk will be divided into different stages and analyzed the characteristics of each stage. China's current penal information on the definition of drunken mostly confined to acute alcoholism, the focus of the study is more physiological drunkenness, and in fact the reasons and types for the drunken are varied. The development of the medical and judicial psychiatry progress, we recognize drunken crime and research provided scientific guidance. As drunkenness and the reasons for the complexity of the performance, we can not divided drunk into pathological and physiological drunk generally, the more we can not simply summarized that physiological drunken held criminally responsible, not drunken pathology criminal liability conclusions. Secondly, in view of drunkenness can be divided into different types and different types each with distinct characteristics, and the author of drunken further criminal responsibility for the impact. I believe that the responsibility is the ability capacity, but also the ability of criminal responsibility. In a clear definition of criminal responsibility, non the basis of further analysis of the drunken acts that endanger people, can not have identification and the ability to control behavior. This, author further explain the impact of drunken criminal responsibility, and therefore can not be illustrated by the drink will affect the bearing of criminal responsibility. Thirdly, the author discusses foreign legislation and China's legislation on the criminal responsibility of drunken people, and Chinese and foreign legislative provisions were compared, then author analyzed China's criminal law for this mode of legislation. Finally, the author discusses the situation is not criminally responsible drunkenness and the corresponding theoretical basis. In fact, the reality in many criminal liability except in the case of drunkenness, and many of the drink is not criminally responsible if the circumstances, such as the first drunk and pathological force majeure,not unforeseen circumstances of the drunk, because they lack the main conditions or subjective conditions and therefore not criminally responsible.The second part of the thesis is physiological basis for criminal liability of drunken discussed in detail. Firstly, the author discusses in detail China's and foreign scholars and academics from different angles on the drink crime should be held criminally responsible by reason and basis, we can see that the different legal systems of criminal responsibility for crimes drunken people that have taken different approach. Secondly, through comparative analysis of the pros and cons of different theories, the author pointed out that China's existing criminal law theory can not explain the basis for criminal liability of drunken people, and in this part, the author draws on civil law, "the reasons for the free exercise" of this legal to explain this issue.The third part of the thesis is the reasons for the free exercise of this theory was discussed in detail. Firstly, the author clearly pointed out that the reason for the concept of freedom on the basis that: At present, "the reasons for the free exercise" as the attribution principle affirmed by the legislative level, but in theory this legal principle is as the basis for the attribution of different explanation . Following is a representative of the several views: indirect perpetrator analog theory, will decide on, the elements that constitute exceptional model and a causal relationship between said. By the author is a causal relationship, because this doctrine always adhere to the principle of responsibility, and the reasons for behavior as a result of a comprehensive, pointed out that the reasons for the general conduct of the dangers of results with specific acts of the dangers of the Criminal penalties is concrete rather than the abstract risk of the dangers of this is implemented well and the "ability and responsibility to act in existence at the same time" principle, and resolve the perpetrator after drunken behavior does not endanger part of the attempt to commit such an issue. Finally, as manifested in the form of free exercise of the reasons for diversity, in accordance with different standards of China's Criminal Law and the relevant theory, the reasons for doing the free exercise of the following: divided into mind of the reasons for the loss of liberty and the mind of the reasons for the weak consumption freedoms; of the reasons for deliberately freedoms and fault-free exercise for the reasons and causes of the independent crime-free, and different types of crime should have the conditions described.The fourth part of this thesis is a summary of the type of drink and drink were sorted out in accordance with the criminal liability made by the people of China's criminal legislation drunken perfect. China's criminal law provisions held that drunken people should bear full criminal responsibility, and no different from normal people, who can not be regarded as mental disorders. Such legislation model, also in the world it is rare. First of all, the author of China's criminal legislation drunken people the main shortcomings, that the case should be drunk meticulous and in this distinction on the basis of provisions corresponding to the penalty line to criminal guilt. Secondly, the perfection of drunken people against criminal liability legislation, the authors put forward a number of recommendations that should be introduced "the reasons for the free exercise" theory, the various circumstances drunken detailed classification, and be reflected in the general provisions of the Penal Code. Finally, in this paper, a detailed classification of drunken under the premise of each of the different types of drink to specific legislative proposals in an attempt to drink a specific case after the breakdown of that situation with different drink to the penalty phase, so guilt to criminal suit.