The Question Research About The Joint Offense Suspension

The joint offense is key object of study in the penology, and is one of the most important and complex problems, because of the special structure of crime constitution. It is called despairing chapter by the overseas scholars. Crime suspend is a ceasing state in a crime process, needs to study two aspects whether it is sincere subjectively and valid objectively, Chinese and foreign scholars have different views, It is hard to define this term. About the Suspend in joint offense, It has not been manifested in our country's legislation, the theorists also did deficient research on this. In practice, how to cope with this kind of problems will definitely puzzle the judicial worker. Examines the judicial practice, stop in joint offense, basically is based on the joint offense and treated by violating alone This processing method, will inevitably violate the legislative objective that has stopped violating. And does not help the criminal to be away from the crime to step back on the gold bridge, nor does it become favorable to disintegrate the joint offense, and attack criminal group.In overseas, about stops of the joint offense, regardless in the legislation or in the theory, the discussion about the joint offense stops is active. It has formed the quite mature theory system and the consummation legislation.This article profits from the overseas existing research results and the legal regulation, the theory viewpoint which contrasts the rare domestic viewpoints, combines the current criminal activity legislation, It analyzes the particularity of joint offense stops from the concept and the characteristic of stops of violation, It not only puts forward the viewpoint but also some views, hoping to enrich the domestic existing theory. According to joint offense's classification of our country's present criminal law, analyzes stop recognizing by each kind of accomplice; Contrasts legal regulation of overseas accomplice stops, gives the consummation comment, hoping that it will benefit the criminal legislation and the judicial practice.The article is divided into three parts: The generalization of the stops of joint offense, the recognition of the stops of joint offense, the consummating suggestion of the stops of joint offense.The first part is the outlining of the joint offense stop. First briefly induces domestic and foreign concept and characteristic on the violation of stop, convincing that violation of stop is the form of crime that in the process of committing (including crime preparation stage) the criminal automatically give up the crime subjectively , with the validity objectively, or has prevented one kind of crime from occurring. Through the simple elaboration to the violation of stops, finding that the joint offense stop has the particularity. Then launches the elaboration combining overseas legal regulation, mainly on the classical school's objectivism of overseas traditional criminal activity, the subjectism of criminal humanity school of thought's, three important theories concerning objectivism and subjectism, which one is good and which one is bad, give a brief remark, and elaborate emphatically"the separation accomplice relates"borrow it to China and to unify our country's legislation to enrich the domestic criminal law theorists from the angle of the separation of the accomplice. Finally elaborate and analyze seven theories one by one on domestic individual theory of stop, the theory of whole completion, the theory of cut-off between causal and effect, the theory of non-principal offender ability, the theory of behavior disintegration undoing harm , the theory of impediment about former behavior , the theory of reason strength., and proposed the dominant position of the theory of reason strength, namely common perpetrator, if he wants to establish the crime stop, he must be in the joint offense process, on the one hand, subjectively and completely gives up his own criminal intent, and lets other common perpetrators learn about this intention of giving up the crime, thus eliminates the psychological strengthening and influence from his own behavior on other common perpetrator's. On the other hand, objectively, thoroughly gives up own criminality, and causes the relation between the complement behavior and the whole joint offense behavior thoroughly to interrupt, and eliminates the reason function which forms from own behavior and the joint offense behavior.The second part is the recognition of the joint offense stops. first the discussion about the legislative reason for offense stops, which is neglected by the domestic scholars but actually very important . briefly analyze three overseas theories: theory of policy , theory of law and theory of combination. Convincing that the elaborating of the legislative reason for the joint offence stops is based on the combination of the theory of policy and law. This reflected the theory of policy or the theory of law alone is unable to give the comprehensive elaboration of the legislative reason for offence stops, it is necessary to combine them both. Then proposed two vital principles of the recognition of the accomplice stops : uniform principle of the hosts and visitors, the differential treatment principle. Finally according to joint offense function and the status in our country's criminal law , establishing the theory of separating the accomplice, the principal offender (the criminal charge of organization , carrying on the main offence) stop, the accessory culprit (secondary implementing violates, helps commit) stop, coercing the accessory culprit stop, the abetter stopping and so on elaborating separately.The third part is the consummating suggestion on the joint offense stops. First suggestion is the legislating on joint offense stops, at present, the research on the question about the joint offense stop is still in the stage of the analyzes in theory, there are no corresponding stipulations in the legislation, moreover in the judicial practice the case about the stop of the common perpetrator is common, because there is no unification stipulation in legislation, for the similar situation, because proceedings judge's viewpoint is not unified, the different person will draw the different conclusion, this violates the crime criminal law about deciding which principle should be adapted with the responsibility for an offense punishment, and it will definitely cause the unification result of using criminal law finally. Therefore, stops about the joint offense rising to the legislative level should be brought to the agenda..The next suggestion is that we stop legislating, according to stipulation in our country's present penology, the crime suspend is one kind legal occasion for reduction , and it must have the key character of being valid. But in the joint offense, common criminal intent, once established, is quite firm, moreover, because the criminals are numerous, the crime cost is relatively quite high, other common perpetrators won't stop carrying on the crime just because of the person's sincere endeavor, on the other hand, the method which the person can use to prevent the crime result from occurring is extremely limited. It is possible for those people who originally mean to stop the crime to give up the thought of carrying on the crime, and to continue criminality implementation because of the the severe condition with difficulty which the validity requests. So, in the penology it is unable to manifest the proper encouragement to the perpetrator who turns a new leaf, Nor is it favorable for the measures taken to avoid possible crimes after the crime regeneration sex act completes. But if the condition of the establishing suspend stipulated in our country's present criminal law applies to recognizing the suspending forms in the joint offense, it is too severe, and is not beneficial to encourage the perpetrator to stop the crime, thus causing this system to exist in name only, violating the criminal policy goal at the beginning of legislation. In this case, it is necessary to profit from the overseas legislative experience, and bring the would-be legislation to the agenda.