Intoxicated Person Who Commits A Criminal Responsibility Research

Drunk in China is a very serious social problem, drunk and crime also have a close relationship. Nowour country every year because of the number of drunk and crime is up, but our country criminal law aboutthe problem of drunk crime is only in paragraph4of article18simple rules,"an intoxicated person whocommits a crime shall bear criminal responsibility." This rule is too simple generalization, and nocorresponding judicial interpretation to define. In addition the drunk criminal responsibility for the personwho commits a crime, the criminal law theory also that huge controversy. The legislation is not perfect andmature in to the judicial practice also poses a serious problem. Therefore, the drunk who sinned fromcriminal responsibility theory analysis and combining domestic and foreign relevant legislation practice tofurther perfect our country related provisions, whether rulemaking or justice has important practicalsignificance.This paper, besides the introduction and conclusion of the divided into the following four parts:The first part of main discussion of drunk people bear criminal responsibility, the basic situation ofintoxication from basic situation of talking and to start, from medicine, it is divided into physiology andpathology, drunk drunk drunk and complex drunk. Hope that through the basic classification and drunkenmaster drunk people in the clinical manifestations, to the physical reasons of intoxication and drunkenperformance a detailed understanding of, thereby for science of criminal responsibility that a drunken laythe foundation. The particularity of drunk crime is behavior person commits a crime in criminalresponsibility when limited ability or no criminal responsibility ability, but the legislation is stipulated to bedrunk people assume complete criminal responsibility, both neither can reduce also can’t be exempted frompunishment. This no doubt and modern "responsibility and behavior exist" against the principle. So thispart through the historical development of the people of intoxication at home and abroad about a drunkenlegislation, trying to find a drunken man shall bear criminal responsibility according to the theory andpractical significance. Whether the punishment from justice purpose or defense of the criminal policy ofsocial need speaking, drunk drunk commits a crime shall bear the liability is. So drunk people for criminalresponsibility to provide a is not against modern responsibility socialist, and in conformity with thetheoretical basis of the realistic need, as a drunken man sin the heart of the problem. The second part of drunk people discuss bear criminal responsibility according to the theory, in thefirst part of this part of the discussion in theory basis, let a drunken people bear criminal responsibilityaccording to the theory. Because person in alcohol under the stimulation drunk, the brain consciousness tosome extent by some of the obstacles, appear to recognize and control ability of limited situation, if in strictaccordance with the our country criminal law theory of the crime of subjective and objective and consistentprinciple, drunk people should be given criminal punishment or ease, this will undoubtedly indulgencedrunk the perpetrators. To solve the drunk crime with the existing criminal liability to the conflict in thetheory of criminal law, Chinese and foreign criminal law theory scholars path, puts forward the socialresponsibility said, strict liability said, advance deliberately said, cause free behavior is saying, theory, for adrunken man sin to bear criminal responsibility provide a theoretical support. Especially reason free action,groundbreaking the drunk crime is divided into reason behavior and conduct research. Points out that theactor drunk no responsibility or liability limit power state power state is due to causes the actor himself,that person in the behavior of the reason is set free, can control the occurrence of unconscious state, butactor but indulge yourself, make oneself in the unconscious state and in this state implemented a crime, heshall be punished by the punishment. This is the reason for the most basic theory of free behavior view. Butfor reasons of behavior should be punished free sex also had suffered serious question, therefore theoreticalform the "a" and "no penalty said" debate. Although it is now "a said" already dominates, for mostcountries accept, but the "a" theory basis in the field and the debate, mainly around the responsibility ofsocialism is strictly adhere to or correction to this discussion. Based on the detailed analysis of the reasonfor a free behavior of the theoretical basis of the reason that free behavior is a modern responsibilitysocialist exceptions, for reasons of the punishment of the free behavior is more defense of the criminalpolicy of the social needs and penalty utilitarianism performance. And also demonstrates the drunk crimeshould be punished rationality, in theory for drunken people criminal responsibility to provide a theoreticalsupport for.The third part mainly discusses the drunk criminal responsibility of all kinds of people that, from adrunken man’s subjective fault and drunk crime intentionally are there before, to discuss a drunken manrespectively should bear criminal responsibility.The fourth part of our country’s current main drunk shall reflection, and through to the reference to the relevant provisions of both at home and abroad to perfect our country’s drunk people criminal responsibilityto assume. The author thinks that reason behavior as a free imports, though in the countries all over theworld have a lot of legislative model, but to our country’s legislation introduced to the blind, the necessityof the legislation have how old? How to our country’s existing criminal law system combining? If it can’testablish reasonable reason free behavior in legislation in the position, so the legislation introduced freebehavior theory will cause appear nondescript. Therefore the author thinks that the problem of drunk crime,can draw lessons from foreign legislation for perfect, but for reasons free behavior, now have only as atheoretical basis for people to demonstrate a drunken bear criminal responsibility of rationality.