On Discontinuance Of Crime

Along with the world's criminal theory evolve from objectivism to subjectivism, Discontinuance of Crime has become an important criminal system,which is generally established by many countries'legislation .The purpose of setting up the system of Discontinuance of Crime is to"erect a backup golden bridge"for offenders to wake up and escape from stricter punishment at the last moment. The existing Criminal law of China treats discontinuance of crime as an independent concept and system among the unfinished states of committing offence ,and strictly distinguishes discontinuance of crime from attempted crime in the aspect of both ascertainment and sentence ,and stipulates that the offender shall be exempted from punishment or receive reduced sentence according to whether injury is caused .It manifests legislative tendency that legislators pay attention to actors'subjective will, and upholds the principle that the subjective accords with the objective in the Chinese criminal law theory ,thus creates a system of Discontinuance of crime with Chinese characteristics. However, the stipulation of discontinuance of crime in the penal code of China has not changed much for decades and its regulation is somehow outdated .Therefore, after carefully studying relevant criminal law theories and judicial practice and overseas advanced enactments, this author puts forward his in-depth analysis on the definition ,characteristics, legislative reason and ascertainment of discontinuance of crime ,and coincidence of discontinuance of crime with other unfinished states of offence.