醉酒人犯罪刑事责任的立法比较与法理分析

醉酒所致精神障碍,是一个遍及世界各国的重要社会问题之一,而且有越来越严重的趋势.关于醉酒状态下犯罪的刑事责任问题,有的国家刑法没有对之做出专门规定,而是将其作为自愿(故意或过失)陷入无责任能力状态的情形之一,规定不免除或减轻行为人的刑事责任,但有些国家对此作了专门规定.

Comparison of legislation of criminal responsibility of crime committed by a drunkard and analysis of its legal theory

Mental barrier,which results from intoxication,is an important social problem in every country of the world and becomes more and more serious.As for criminal responsibility under intoxication,some countries do not have specific stipulations in their criminal laws but regard it as one of the situations of irresponsibility condition of voluntary or willful misconduct and the criminal responsibility of the actors is not commutated or not remitted in their laws.However,some countries have specific stipulations about crime committed by drunkard.