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随着社会经济的发展,各种酒的消费数量每年也在不断的增长,与醉酒后犯罪相关的案件数量也有所增加。我国刑法规定醉酒的人具有完全责任能力,他们在醉酒状态下犯罪后要对自己的行为承担完全的刑事责任。但是,这一规定与因果关系理论存在一定的不协调。因此,本文希冀通过对自由行为理论的研究,能够更好的建立生理醉酒人承担刑事责任以及进行处罚的理论基础。
With the socio-economic development, the consumption of various kinds of wines continues to increase each year, and the number of crimes related to drunkenness has also increased. China’s criminal law stipulates that drunken people have complete responsibility and responsibility, and they should bear complete criminal responsibility for their actions after committing crimes under the condition of being drunk. However, there is some inconsistency between this provision and the causal theory. Therefore, this article hope that through the study of the theory of free behavior, we can better establish the theoretical basis for the physiological drunken people to bear the criminal responsibility and to punish.