A Study On The Issue About The Discontinuance Of Crime Of Partial Accomplice

According to some related regulations in our present criminal law,the discontinuance of crime of partial accomplice means that in the process of joint offense,the partial accomplice will voluntarily give up their criminal acts,and meanwhile,they will also effectively prevent the occurrence of criminal results. The effectiveness is an rigidity standard of determining the discontinuance of crime of partial accomplice.But in the theory circles,there are still existing some disputes about the determining standard for the discontinuance of crime of partial accomplice, this indicates that such determining standard has some defects.In the process of joint offense,the effectiveness emphasizes that if the partial accomplice wants to hold the discontinuance of crime,he must prevent the occurrence of criminal results,but such emphasis will ignore the behaviors of partial accomplice breaking away from the accomplice relationship,and the significance of making sincere and diligent behaviors for the discontinuance of crime, and is also adverse to the ultimate purpose of realising the prevention of crime in the criminal law of our country.The defects mentioned above can cause some insufficiency existing in the responsibility investigation.The determining standard and the responsibility investigation are unscientific.It is mainly because in the legislation,the issue towards the discontinuance of crime of partial accomplice is not clear,and the survey about legislation reasons towrds the discontinuance of crime hasn't been carried out thoroughly and carefully,thus it causes certain gap between the present determination for the discontinuance of crime of partial accomplice and the legislation spirits of responsibility investigation and the discontinuance of crime.Therefore,its essential characteristics should be reflected in the legislation of our country on the basis of correctly understanding the theory of breaking away from the accomplice relationship,taking"breaking way from the accomplice relationship"as the determining standard for the discontinuance of crime of partial accomplice,holding that if the criminal,who has taken the sincere and diligent behaviors to prevent the occurrence of criminal results but fail because some uncontrollable factors occur in the process of joint offense,is determinned as the discontinuance of crime,and the responsibility investigation is carried out according to the punishment principles suited for the discontinued criminal.