醉酒人刑事责任探讨

Probing into Drunkers' Criminal Responsibility

认为我国刑法对醉酒人犯罪刑事责任的规定存在一些缺陷，容易引起理解上的歧义，醉酒人负刑事责任的依据在于其行为是否符合犯罪构成要件，醉酒状态下的刑事责任能力可以用＂原因中的自由行为＂来论证，并针对现行立法提出了一些建议。

This article regards that there are some defects about the regulations of drunker's criminal responsibility in our country's criminal law. It is easy to arouse some different meanings. The basis of the drunker 's criminal responsibility lies in the fact that his behavior accords with the main factors of composition of crime. The criminal capacity in drunken condition can be expounded by the theory of 'free activity on grounds'. This article put s forward some suggestions in view of the legislation in operation.