Drunken Criminal Responsibility For Crimes

Drunkenness has been a serious social problem since ancient times. But the wine culture is China's traditional culture, an important part of life, in the face of growing phenomenon of drunkenness, how to solve the crime after drunk is become a topic of academic study. China has always insisted on carrying on the principle which can be describes in detail that:"according to the criminal liability, it is the premise of crime that a person has the responsibility when he or she commits harmful action. If a person commits harmful action under the condition of non-criminal liability or limited criminal liability, he or she should not be punished or should be alleviated the punishment. ", however, if we insisted on this principle, will lead to a strange phenomenon occurred:" a person who commits harmful action after drunk maybe can not got punishment. ". So, how to solve this problem becomes a focus. Therefore, the theory of " actio libera in cause" is introduced in our country.The term of Actio libera in cause ", which means that a person commits a crime under the condition of non-criminal liability or limited criminal liability but the condition is caused by the person himself or herself, was originated in the continental genealogy of law. " Actio libera in cause" is strong theoretical basic to explain the contradictions, but there also have several disputes and issues.The paper includes four parts. First, the summarize of crime after drunk. The paper proceeds with the severity of crime after drunk, elaborate the fact that committing a crime after drunk brought about horrifying damage to the society. According to the H'binder's standard classification of drank person, make a brief introduction of different kinds of drunk status criminal responsibility. Then, horizontal comparison several country's legal regulation about the alcoholic intoxication person legal responsibility and introduce china's current legislation situation at last.Second, the application of " Actio libera in cause" in the crime after drank. In this part, the author reaches conclusion through inducing and analyzing different concepts of " actio libera in cause". Then, look back the history of " Actio libera in cause". Deeply researches the criminal patterns. And make a conclusion of the author's own opinion.Third, limited criminal liability patterns drank criminal. This is where the important and difficult in this paper. As to the person who lose all his identification and control capabilities, we only need to concern his mental state in the first stage. But, it is different in limited criminal liability criminal patterns. The academic world is not sufficient in this study, but this is the key to distinguished if one's behavior is criminal or not and this behavior belong to which kind of criminal. I tried from several aspects, to determine one's mental state were given the standard, looking forward to a reasonable solution to this problem.Forth,Situations do not need to pay criminally responsible and theoretical basis of drunken. The section is devided into two sections. Explores the drunken crime type which should not be applied to explain the theory of " Actio libera in cause"...