The Research On The Discontinuation Of Crime

The criminal law of the main parts of the world including China stipulates that when a person discontinues crime voluntarily his penalty should be exempt from or mitigated .The core reason for the stipulation in the criminal law of our country is that the person eliminates the criminal intent voluntarily , promptly and thoroughly; but another two factors lie in the reduction of the objective social harm and the need in terms of the criminal policy . Compared to the core reason, the last two factors are subordinate. What are the constitutive elements of the discontinuation of crime is another important task of researching the discontinuation of crime. Just as constitution of other crimes, the discontinuation of crime also needs four constitutive elements. The subject element and the object element are "generalized elements" , so it does not need special research. On the contrary the subjective element and the objective element are "exclusive elements" , so it need special research. The subjective element consists of the "voluntary element" and the "thorough element" . The objective element consists of the "prompt element" and the "effective element" . Finally the criterion of the criminal liability of the discontinuation of crime should not depend on whether there is "objective social harm" . Exemption or mitigation of penalty depends on social harm according to the principle of correspondence between subjectivity and objectivity.In this paper, there are six parts:The part of the foreword is about the general description of the significance of the research on the discontinuation of crime.The first chapter is about the brief account of the discontinuation of crime. In this chapter there are two sections. The first section is about the brief introduction of the stipulation of the discontinuation of crime in the criminal law in some parts of the world and the comparative analysis. The second section is about the conception of the discontinuation of crime.The second chapter is about the reasons for the punishment of the discontinuation of crime. There are three sections. The first section is about the overseas theory of the reasons. The second section is the civil theory of the reasons. The last is about the view of this paper.The third chapter is about the constitutive elements of the discontinuation of crime. There are also three sections. The first section is about the general account of the constitutive elements and the view of this paper. In the second section the subjective element of the discontinuation of crime is demonstrated in detail. In the third section the objective element of the discontinuation of crime is demonstrated in detail.The fourth chapter is about the criminal liability of the discontinuation of crime. There are two sections. The first one is about the criticism of the criterion of punishing the discontinuation of crime in the criminal law of China. The second section is about the criminal liability of the discontinuation of crime in special conditions. The last part is the conclusion of this paper.