论原因自由行为-刑法学专业论文.docxVIP

AbstractThe Abstract The te皿of“Actio 1ibera in cause”was originated in contiIleⅡtaI law system．It is a very jmponaⅡC ttIeory jⅡcontiIlental law country’s criminaI law，which means that a person commits a crime under the∞ndition of non-cfimjnalliability orlimited criminal liability but the cond“ion is caused by the person himself 0r herselfI However，“has been giVen many arguments siⅡce it came into Chjna．Whetherf‘acti0 ljbera in cause”is puIlishable， scholars pursu枷 to di脏rent theories have put fo九vard di如rent positions．Howevernone of the theories seems to be pe—’ect，obvious are their defccts in tlle弱pects of object of punishIIleⅡt，scope of the subject，aIld the fom of guilty intention，eIc．In ttlis thesis，the author minks that sjnce it is stipulated generally in most civillaw countries thati“s punishable as a crjme，but tlle respective le舀slation ofthose countries on the subject is not identical to each otheL The criminallaw of our country does not pr0Vide forthe subject，b此in a sense of preseⅣing the legal feelings and mailltaining legal orders，provisions with rcspect to such蛐bject should be made so as to avoid the∞nnict with the principle of‘‘№Law，No CriIⅡe”．ne wbole thesis was djVided into three pans． hltroductjoⅡ，which抽仃oduced briefly the p唧ose，血e method and meaning of research． ne bodywhich is∞mposed of tlle five pans as followings： Pan 1，The gcnemlity of the Actio libem in cause，whidl introduced brieny the conception，tlle source and the son of the Actio libem iⅡcause． Part 2，11le stmcture aIld character of me Actio 1ibera in cause，which fjrst analyzed the main-body，the subjective factor and the objective factor of the ActioⅡbera in cause， then discuss upon the structure． Part3，The scope of apply to tlle Actio libera in cause，which think the scope of apply to the Actio ljbera in cause should include intention crime and ne百igcnt crime． II Pan Pan 4，11le puJlisIlInent of Actio libera in cause，which discuss the punishable，the connict柚d correspondbeMeeⅡActio Iibe