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On the Actio Libera in Causa

Author: LinPeiXiao
Tutor: LiYongSheng
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Free Cause Responsibility ' Reasons for behavior Resulting behavior Behavioral theory Causality
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 276
Quote: 2
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Abstract

Free (actio libera in causa) theory is a hot topic of discussion by the criminal law scholars at home and abroad, has considerable theoretical and practical significance of the study of the problem. In recent years, drunkenness, drug self-trapping responsibility deficit Responsibility consumption weak status of implementation of harm social behavior, a phenomenon that has attracted widespread attention. According to China's Criminal Law \This lack of clarity of the legislation is obviously not enough to deal with the real problem, because this phenomenon, including complex criminal law theory. This phenomenon is the object of study in this article - Cause Liberty; such a complex theory of criminal law is the object of this paper to build - Free Cause. The \Visit from the defined reasons for the concept of the reasons the free exercise of the reasons for the lack Responsibility is divided into two categories Visit to weaker consumption and responsibilities capacity of liberty. Free theory in constructing reasons, as a precondition to the above definition and classification based on behavioral theory and the theory of causality discussion Free Cause, to solve Free Cause of criminal responsibility in accordance with the core issue. This paper is divided into five parts, namely: the first part of the introduction, the problem raised and expand. Free Cause this behavioral phenomenon caused widespread concern and Cause Liberty in the results of behavior in the loss or not completely lost the state of Responsibility behavior, so often considered the responsibility of criminal law and civil law The principle of conflict. Seek Cause Liberty reasonable punishment according to become a core issue of legality and responsibility doctrine of modern criminal law context. China's criminal law, however, does not have the responsibility principle, but this does not exclude the Criminal Law Free does not exist on the issue of so-called conflict, and the fact of subjective and objective unity of principles and responsibilities of principle, there are similarities, therefore the reason liberal theory should be read in conjunction with China's criminal law criminal law context for discussion, and to produce the so-called conflict and civil law criminal law theory. The second part of the free exercise of the reasons for an overview of the theoretical. That part of the talk Cause Liberty for the theory of evolution, status, because the basic concepts of liberty and the Classification and Structure Visit to solve the reasons for punishment for Shop Zhi. Although the specific reason Liberty theoretical origins and formation not yet clear, but according to the modern analysis of this issue, the history of the development of the theory of performance can be fined and discussion, experienced \\Free Cause is the reason for the free exercise of the phenomenon of negative evaluation theory to explain the responsibility principle Cause Liberty phenomenon applicable theory, supplementary theory of criminal law theory. Therefore, the so-called Free is a natural behavior for willful sin attitude, to fall into the responsibility of the deficit or the responsibility of the weak capacity consumption of and implementation of the circumstances of a crime in this state further objective aspects of behavioral phenomenon. The Cause Free can be divided the responsibility deficit Visit the reason for the weak consumption and responsibilities of liberty. From a structural point of view, the reason of liberty can be divided into two phases of the reasons for behavior and results of behavior, and the two phases of the structural features of the composite, causality and continuity. Analysis of criminal liability based on the doctrine of the third part, the cause of liberty. Freely about the reasons for the criminal liability according to existing doctrine around responsibility doctrine discusses the principle, to form the principle of maintaining said and principles of the amendment say the two positions. Also known as the principle of correction that mean the decision behavior responsibility. The principle remains that is divided into indirect is committing similar unified behavior said that the reasons for the acts dominated the possibility of that responsibility to say, is committing causality and exceptions. However, through the evaluation and analysis of these doctrines, no matter what kind of doctrine have failed to solve the Cause Liberty to bear criminal responsibility and the responsibility principle relationship. The fourth part, because Visit for criminal responsibility according to My Opinion. In this section, I framework Free the core part of the theory that punishment is defined as the premise and think that must be the reason for Visit behavior theory and the theory of causality based discussion the Free Cause criminal liability under . I view the criminal law on the behavior of the main understanding of factors that can recognize, dominated by the will of the factors should be governed by the objective conditions of the criminal law protection of the social relations significance of the objective process. In theory, I support quite causality says that the causality of criminal law should include the contents of two different levels of the facts causality and legal causality causality. The former is the ontological analysis, the latter in the theory of value analysis. The punishment according to the author to the reconstructed behavior theory and causation theory analysis of the reasons for the lack of capacity for duties to Visit the reason for the weak consumption and responsibilities free exercise for both cases, the punishment according to freely analyze the reasons. The fifth part, more than theory. This part is mainly to solve in the first four parts, some of the issues yet to be resolved, these issues legally practical significance, but because of limited space, only to extract more representative issues were discussed. The main cause - free to perform any act not to complete the form and legislative crux of.

On the Actio Libera in Causa

Abstract

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