A Basic Study On Discontinuation Of Crime

Through the research on the academic work about discontinuation of crime and other related inchoate conformation of crime, this article has been completed within the frame of comparative criminal law. The main idea of it is to illuminate the unique characteristics of discontinuation of crime based on an elaborate illumination of its basic theories in order to give some inspiration to both of the development of the theory of criminal law and legal practice.There are five parts composing this article in whole. Part I makes a research about the history of discontinuation of crime. It is considered that discontinuation of crime has its own characteristic of law which has got more and more approbation while most of the existed theories of it falling within the frame of unaccomplished offense. The article compares the legislation of discontinuation of crime in China and continental legal system, and on such a foundation of comparative research, it is concluded that China's criminal legislation of unaccomplished form has followed the trace of pre-Soviet Russia, but the domestic theories of criminal law have been influenced much by those from German and Japan. Therefore there still exist some inconsistencies in logic. Besides, it is introduced principles of punishment, including substantive principles of punishment and legal principles of punishment. In the former one the conception of jeopardy in criminal law has substituted for social jeopardy to explain substantive punishability while the latter one is explained on the base of amended constitution of crime. Part II explores reasons for legislation of discontinuation of crime. This part introduces and reviews some theories at its beginning and then indicate the idea of this article, that is, the synthesis of these theories can illuminate the character of legislation of discontinuation of crime more comprehensively and such a synthesis of different theories is rather than a simple junction although in some individual cases it maybe focused on some aspect of such a synthesis. Moreover, reasons for the legislation of discontinuation of crime shall be considered as the foundation of boundary conditions to decide the existence of discontinuation of crime, to exert its enginery of explanation.Then it comes to Part III, which is the soul part of the article. This part discusses forms of existence of discontinuation of crime with the development of crime as skeleton from the angle of view of the complexity of matters of fact, which is divided into four sections. Firstly, it is analyzed the particularity of ascertain discontinuation of crime in preparation of crime, When there is more than one preliminary, normally the effect of discontinuation covers the whole preliminaries (preliminaries themselves accord with other constitution of crime). It is analyzed the advantages and disadvantages of how to estimate impossibility of discontinuation of crime and carry out Tatstrafrect on the occasion when there is a gap between preliminaries and conducts, and this is considered to be resolved depending on the legislation. Secondly, it is further argued the meaning of accomplished offence and its relation with the accomplishment of conduct, and moreover, as to whether discontinuation of crime exists behind jeopardy offence, the limitations of methodology of former researches are pointed out, and as an attempt, the author has tried to establish the theory of accomplished offence criterion. In the following section it is entered into the frame of conduct in criminal law, which mainly focuses on difficulties brought by the quantity and particularity of conducts to the cognizance of discontinuation of crime so as to resolve problems including the academic basis of the cognizance of discontinuation of crime when cognizing crime of perjury. Finally, it is explained the relationship between discontinuation of crime with existential conformation of crime, mainly whether disputed forms including pure negative act exist, and the author will take the opinion that it should be deni...