Action liberal in cause should be punished,because it is a harmful and illegal act.

The authors explore the theory of action liberal in cause with traditional principle of criminal law the capacity for responsibity coexist with the action as its cue.

Nowadays it is whithout dispute that action liberty in cause is punishable,but when scholars discuss the concept of action liberty in cause and its basis of punishability,there are lots of different views.

In theory,based on the theory of actio libera in causa,we can conclude that the casual acts can not influence the hit-and-run behaviors;in practice,case review should be based on proofs,as well as dependence on the development of related judicial authentication.

In China,there has been so much controversy and doubt in many aspects of actio libera in causa theory that a common understanding has not been reached.

But the key is the punishable basis how to fix on,we think that we should take the actio libera in causa as a whole,interpret the basis by criminal enginery,the thesis put forward some incompatible problems with criminal basic theory.

Actio libera in cause means the action of person who gets stuck in the state of limited capacity for duties or no - capacity for duties intentionally or neglectfully and causes the emergence of a certain objective factor of criminal constitution , Its essence of being punished probably is identified as an exception of " the principle that actions and duties should exist simultaneously".

"Actio libera in cause", also "Self-induced Intoxication", is a kind of behavior in criminal law, which a person conduct a crime when in a condition depriving his/her of effective control of the act or debasing his/her control of the act, but the condition is caused by the person himself/herself.

The term of "Actio libera in cause"was originated in continental law system.