Study On Some Issues About Desistance Of Crime

Desistance of crime as a important and particular part in criminal theory,its research field relate to theory of pandect of criminal law,like crime punishment legal principle, unification of Subjectivity and Objectivity,purpose of punishment,and so on.Studying desistance of crime thoroughly,it help to develop and renew the basis principle and theory of criminal law.However,Chinese criminalists didn't pay much attention to desistance of crime,scarcely any monograph of it,which not accord with its consequence of criminal law. Moreover,there are many questions in practice of it.This system are worth studying on, both in theory and in judicial practice,to contribute grasping the substance of theory and exerting in judicial practice.This paper is base on the 24th provision of Chinese criminal law, and explore several doubtful point in theory of desistance of crime.There are five Parts composing this article in whole.The first part,includes 3 portions, to introduce the history of desistance of crime in overseas and China,on the concept of the desistance of crime,all viewpoints are compared assessment.Then,author try to commenting on several points of the concept to Chinese criminalists.The second part,the paper describes the doubtful point in theory of desistance of crime in China.By reason of differ understand to the "criminal result","free-will","criminal course" which prescribed by criminal law,and different standpoint in criminal theory,the theory of desistance of crime which scholars are insisted in,are distinct.Several is sorted out by author,that will be explored and discussed in next paragraph.The third part,the paper discussed the concept of "criminal result" and "criminal course". what's the signification of the "criminal course" which prescribed by criminal law,and what's beginning and ending of it,there are different points in it.Author think that the focus of controversy are two aspects.First,could desistance of crime be occur in criminal preparation? Second,when the crime had completed,could desistance of crime be occur? Author try to analyzing and exploring this issue.The fourth part,author analyzed the signification of "free-will",which is the most complex and controversial theory in desistance of crime.Currently,there are three main theory,they are subjective,Objectivity and compromise.All the theory provided the methods to estimate "free-will",but are also limitary.To estimate "free-will",we need seeing about two influence,psychology change in criminal,and circumstance which effected criminal. Author think that,the theory of subjective is comparatively perfect,but we need to change some parts of the theory,in order to avoid the limitation.The theory of subjective is focus in psychology change in criminal,but it is difficult to testify what had the criminal thought in sometimes,it's a complex process of psychology change.So,in some complex case,we also need the theory of Objectivity.The fifth part,the paper discussed the validity in desistance of crime.About the case that though no causality between the offender's desist conduct and non-realized result exists,the offender do his endeavor to prevent from the realization of result.It isn't regulated that this case should be regarded as desistance of crime in our country.So,author think it's necessarily to reconsider the signification of "validity".