On The Discontinuation Of A Crime

Discontinuation of a crime has been established generally as a modern criminal system in many countries. It emphasizes perpetrator's subjective change and make a golden bridge for the perpetrators who abandon the evil. However, for a long time among scholars there is a controversy for the concept of a crime discontinuance, elements of discontinuance, discontinuance of a joint crime, criminal penalties, and other issues. This paper, basing on the results of previous studies, makes further study about above questions.This article is divided into the following seven parts besides the introduction and the conclusion as follows:Partâ… : an overview of the discontinuance of a crime. Firstly, the author introduces the history of a crime discontinuance, Then elaborates the concept of a crime discontinuance and defines it as a unfinished crime stop patterns, in a deliberate crime process, due to that the perpetrator gives up criminal acts voluntarily or effectively prevents the consequences of the crime from occurring.Partâ…¡: elements of a crime discontinuance. The section sets out the discontinuance of a crime should have the time and space, and voluntary will, and effectiveness of the three major elements, and then further launches a discussion about the three elements separately and put forward own opinions.Partâ…¢: the classification of a crime discontinuance. In theory, in order to contribute to further understanding of the nature of the discontinuance of a crime, in judicial practice to contribute to make the right conclusion to a crime discontinuance. The section sets out the classification of discontinuation of a crime from different angles, according to different standards. Partâ…£: the distinction and competing between the discontinuation of a crime and other crime stop patterns. The first part introduces the distinction between preparation for a crime and discontinuation of a crime .The second part analyses the relationship between discontinuation of a crime and a criminal attempt. Finally discusses the competing about discontinuation of a crime and a crime accomplished.Partâ…¤: The discontinuation of a crime of a joint crime . The first part the author states the theory of the discontinuation of a joint crime. Among the various theories of the validity of The discontinuation of a joint crime in that partal offenders voluntarily discontinces the crime, the author believes that the thoery of "Yuanyinli" is the most reasonable. Finally ,the article utilizes this theory to classify and idendtify the offenders who voluntarily discontinces the crime of a joint crime.Partâ…¥: the punishment of discontinuation of a crime .The first part expounds the theory of criminal punishment in accordance with the discontinuation of a crime . The second part introduces the legislation of criminal punishment of the discontinuation of a crime.Partâ…¦: The legislative shortcomings and perfection of legislation. First of all, the author thinks that our country should redefine the spatial and temporal scope of the discontinuation of a crime; add the provision of the discontinuation of a joint crime and the "quasi-suspension of a crime " to improve our country law system .