也论原因自由行为——与齐文远、刘代华先生商榷（On the cause of free behavior -- a discussion with Mr. Qi Wenyuan and Mr. Liu Daihua）.doc

也论原因自由行为——与齐文远、刘代华先生商榷（On the cause of free behavior -- a discussion with Mr. Qi Wenyuan and Mr. Liu Daihua） On the cause of free behavior -- a discussion with Mr. Qi Wenyuan and Mr. Liu Daihua Author: Chen Jialin [classification number] df611 Jurist in 1998 fourth, Liu Daihua Qi Wenyuan published on the twos reason free behavior (hereinafter referred to as the Tchivounda, the other the introduction not specifically notes, from the text), reading popular inspiration, but also have different views, I propose, in order to scholars, expert. I. subject of freedom of cause The main reasons for the free pass that behavior is not restricted, that natural persons all reached the age of criminal responsibility, criminal responsibility, if you make yourself into a non capacity or limited liability status, and the state of implementation of the harmful behavior, we can use the theory of cause free action to be held accountable. But Qi put forward a new view that the subject scope of cause free behavior should not be defined too wide, and that two types of people should not be the subject of the free behavior of reason. The author believes that this view does not hold water. First of all, Qi believes that the person who has the business or the job can not be the subject of free behavior. The reason is this kind of person should fulfill their duties, obligations of the business, the duty should be to maximize attention, and exclude the interference factors all can be removed to fulfill their obligations, the obligation to fulfill their statutory duties. As long as it is not due to force majeure or accident, the act of failing to perform the duty is serious. On the surface, this seems plausible, but careful analysis, it can find the loopholes: first, responsible for the business, Duty obligation person, not obligation and serious consequences will constitute a crime, shall be prosecuted for criminal responsibility, must also be subjective sin has intention or negligence. This is