外国刑法中的原因自由行为及其对我国的借鉴价值

Actio liberal in cause in foreign country's criminal law and its experience to our country

原因自由行为是大陆法系刑法中一个重要的理论问题,它是指行为人基于自己的故意或过失而陷入无责任能力或限制责任能力状态,并在此状态下实施危害行为的法律现象。原因自由行为有着许多常态犯罪所不具有的特征。而我国的刑事立法对此没有涉及。借鉴国外相关的立法例,采用总则与分则相结合的模式将原因自由行为纳入我国刑事立法的范畴,是罪刑法定原则和罪刑相适应原则的必然要求。

Actio liberal in cause is a very important theory in civil law country＇s criminal law. It means that a person commits a crime under the condition of non - criminal liability or limited criminal liability but the condition is caused by the person himself or herself. In comparisen with common crime Actio liberal in cause has many unique characters. But it is ignored by our country＇s criminal legislation. Regarding other countries＇ case experience as reference, and ranking Actio liberal in cause in the scope of our law - making is the request of the principle of legally prescribed punishment for a specified crime and the correspondent principle of charges and punishment.