On the Drunk Driving Offence of Dangerous Driving Conviction from the Perspective of Actio Libera in Causa

International Journal of Humanities and Social Science

© 2021 by SSRG - IJHSS Journal

Volume 8 Issue 5

Year of Publication : 2021

Authors : Dan Yuke, Chen Hang

10.14445/23942703/IJHSS-V8I5P117

How to Cite?

Dan Yuke, Chen Hang, "On the Drunk Driving Offence of Dangerous Driving Conviction from the Perspective of Actio Libera in Causa," SSRG International Journal of Humanities and Social Science, vol. 8,  no. 5, pp. 111-113, 2021. Crossref, https://doi.org/10.14445/23942703/IJHSS-V8I5P117

Abstract:

Actio Libera in causa (Latin words for: the cause of free behavior) is that the perpetrator falls into the state of no responsibility or limited responsibility due to negligence or misconduct and implements the behavior that meets the constitutive elements of the crime. Of course, the separation of responsibility ability and implementation behavior in actio Libera in causa is controversial, which needs to be effectively analyzed around its punishability, conflict, and reconciliation of the principle of responsibility. At first, this paper discusses the relevant concepts and theories of actio Libera in causa, followed by the punishment principles of the drunk driving offense of dangerous driving conviction, which demonstrates the relevant responsibility basis and relevant basis of the crime from the theoretical level of actio Libera in causa, and finally effectively improves the responsibility basis strategy of the drunk driving offense of dangerous driving conviction in China.

Keywords:

actio Libera in causa, the drunk driving offense of dangerous driving conviction, punishment principle

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