论原因自由行为的可罚性-刑法学专业论文.docxVIP

AbstractActio Abstract Actio libera in cause is an important topic of criminal law theory in continental legal system all the time．1me inculpation of actio libera in cause seems to be SO naturally in criminal 1egislative practices of various countries，and the scholars nearly admit unanimously the inculpation of 口c幻libera in cause in也eir expounding．But when the scholars analyse and discuss the inculpation of actio libera in cause in terms of basic theories of criminal law,they would inevitably face the contradiction between也e inculpation of actio libera in cause and the principle of culpability or even the principle of a legally prescribed punishment for a specified c|伽e．In order to coordinate this contradiction，many scholars have already put forward a great deal of views．Being bold very much， this paper want to present ones own views on this problem． 弧e first part of the paper firstly defines the concept of act／o libera in cause，then clarifies the relationship between actio libera in cause and crime by intoxicated person．ne second part introduces and values many traditional theoretical foundations about the inculpation of actio libera in cause，and divides them into the constitutive requirement mode and the accountability mode according to their different position in the system of criminal theory．The third part put forward onetS own view on the basis of first two parts，and analyses the inculpation of actio libera in cause in terms of the cognizance of criminal capacity．It solves the problem of inculpation of口咖fibera协cause and coordinates the relationship between the inculpation of actio libera in cause and the principle of culpability or even the principle of a legally prescribed punishment for a specified crime by mealiS that still inferring the person who sinks into the state of criminal incapacity or limited capacity for criminal criminal responsibility with free will for having complete criminal capacity． Keyword：actio libera in cause inculpation constitutive re