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原因自由行为一直是刑法学界一个热门的话题,近年来随着社会经济生活的日益多元化与复杂化,境外文化冲击往往带来极端亚文化的产生,酗酒、吸毒以及其后产生的诸多责任能力缺失或耗弱带来了大量的社会治安隐患,同时也将公共安全置于潜在的危险境地。因此,明确原因自由行为中的行为理论,处理好其与可罚性之间的关系就成为当前刑事司法实践中亟待解决的突出问题。本文即从原因自由行为的角度出发,分析可罚性的界定,为司法实践中的案件论处提供参考意见。
The reasons for freedom of behavior has always been a hot topic in criminal law academia. In recent years, with the increasingly diversified and complicated socio-economic life, the impact of overseas culture often leads to extreme subcultures, alcohol abuse, drug abuse and the subsequent generation of many responsibilities Lack or weakness has brought a lot of social security risks, but also put public safety in a potentially dangerous situation. Therefore, to clarify the theory of behavior in the reason-free act and handle the relationship between it and the punitiveness has become a prominent issue urgently to be solved in the current criminal judicial practice. This article starts from the perspective of the reasons for free behavior, analyzes the definition of the penalty, and provides reference for the cases in judicial practice.