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一、问题的提出近代刑法责任主义要求,犯罪不仅是在客观上符合构成要件、不具有任何违法性阻却事由的不法行为,而且行为人在实施犯罪行为时须具有罪责所要求的各种要素,如责任能力、违法性意识、故意、过失、期待可能性等,只有不具备罪责阻却事由的,行为方才成立犯罪,行为人才负刑事责任。而“罪责要素的审查,并非任意以行为人的态度或反社会倾向,为其观察基点,而是单就‘(构成要件该当)犯行的实施时点’,认定行为人的年龄、精神状态以及对法律的认识程度,这种从法定犯行实施时点,认定各项罪责的原理”[1],就是所谓的实行行为与责任同时存在原则,简称同时性原则。而醉酒
First, the problem proposed Modern criminal law requires that crime not only objectively comply with the constitutional requirements, does not have any illegality of the cause of the obstruction, and the perpetrator in the implementation of criminal acts must have all the elements required for guilty, Such as responsibility, awareness of illegality, intentional, negligence, the possibility of looking forward to, and so on. Only those who do not have the guilty conscientious obstruct the cause, the act has just established a crime, the behavior of personnel responsible for criminal liability. However, the examination of the elements of culpability is not an arbitrary observation of the basic point by the actor’s attitude or antisocial inclination but at the point of time when the perpetrator of the crime (the constituent element should be prosecuted) ’and the age and mental status of the actor As well as the degree of understanding of the law, this from the statutory implementation of the crime at the point of time, identify the culprit of the principle of "[1], is the so-called implementation of the principle of co-existence of conduct and responsibility, referred to as the principle of simultaneity. And drunk