不宜借鉴原因自由行为来完善我国刑法

Criminal Law Cannot be Perfected on the Basis of “Actio Libera in Cause”

原因自由行为是大陆法系一种颇具学术魅力的理论 ,我国不少学者主张借鉴其来完善刑法。但是 ,无论是从其理论困境和外国的立法现状看 ,还是从我国刑法的实际需要考察 。

Actio libera in cause” is a charming theory in continental law system, Several chinese scholars think we can perfect our criminal law on the basis of it. However, after examining the difficult situation of this theory, the current legislations in continental law system and the factual need of our criminal law as well, we find we can not draw this conclusion.