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On the Cause Free

Author: FuXiangBing
Tutor: XuJiuSheng
School: China University of Political Science
Course: Criminal Law
Keywords: Free Cause National legislation The punishment Commence Unfinished state
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 126
Quote: 0
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Abstract


\Analysis on anything is impossible out of its generation, evolution, development history. This exercise will also cause the development process to be described is the intention that the reader has a reason Liberty more comprehensive understanding , so as to achieve better research Free Cause purposes. Probable Cause of Liberty in history , one can not ignore the problem is the reason TO BE PUNISHED sexual history, its punishment of history in general experienced a \From the definition of cause of liberty can be seen that the most significant cause of Liberty feature is to make the implementation of the act in behavior, there is no criminal responsibility , namely the separation of behavior and responsibility . It is this characteristic has led to the free exercise of reason and theory of criminal law \sex . Naturally, how to properly deal with the responsibility for the exercise of the principle reasons for the conflict , has become a research exercise primary reason for the problems . In this regard, there are three theories of criminal law theory : \This article will make its own analysis of three theories . The three theories focus of controversy is actually inseparable from the cause of liberty in another important issue , namely, in the cause of liberty , what exactly is the cause of liberty to proceed, on this issue , there are three theories theory : \This will also make an analysis of these doctrines . In an intentional crime of criminal law theory and practice exist in a kind of special circumstances , namely willful unfinished state ( including criminal preparation, attempted crime and crime abort ) , then the intentional crime Cause Free form, whether there are any outstanding status ? If there is , how to define ? for these questions, I will make a resolution. In a large number of judicial practice, there are two special cases , namely the implementation of the process capability and loss responsibility for the loss of the ability responsibilities recovery capabilities liability case , whether these two behaviors Cause Liberty ? If belonging Free Cause , according to what ? Free Cause if they do not belong to these two special cases how should deal with ? author has to make their own analysis . The emergence of any theory of criminal law is to better guide the judicial practice , because the theory of Liberty is no exception occurs , then the judicial practice how to better apply Free Cause solve crimes it ? Applicable Free Cause the process they need to pay attention to what issues ? author has also made ??some thought . Finally, some representative countries on the extraterritorial exercise on the reasons for the legislative investigation , while China's legislative deficiencies continue to explore and try to put forward a viable proposal.

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