The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduc...The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.展开更多
文摘The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.
