On The Suspension Of Joint Criminal

Theory of joint criminal suspension covers the suspension of common crime and crime theory of the contents of the two parts belong to a cross-theory, its either in theory or in practical operational aspects is a very complex issue. The integrity of a common crime, because crime, as well as the prisoners in all were thinking, consciousness, behavior caused by the different relative independence, from the property, which itself becomes complex, while the suspension of crime is also very complicated, so the suspension has become a common crime in China difficult to sort out the theoretical circle of a theoretical problem. In practice, operational aspects, for the identification of common crime, the suspension or termination by reference the provisions of a separate crime to be resolved, and the complex realities of life for the great limitations, because of our general principles of criminal law only provides for a separate crime, do the suspension, while the in sub-rule has only made a provision constitutes a separate offense, do not provide for suspension of common crime, how to identify, so the suspension of common crime, both in theory is still operational aspects of justice will inevitably lead to trouble. This paper studies the stay at home and abroad on joint crime-related theories, so that it can improve the suspension of China's complicity theory, the formation of uniform standards of law enforcement. Full-text is divided into five parts, the structure is as follows:Respectively from the first part of a common crime and an overview of the suspension to proceed by analyzing the concept and characteristics of the two obtained a "joint criminal suspension" concept and characteristics, and a brief analysis of them. Through analysis, we know that: As the integrity of the common characteristics of crime and various acts of the relative independence of prisoners and crime theory of the complexity of the suspension, so that the suspension of common crime, as a complex theory.The second part of the foreign civil law and common law countries, on an accomplice theory analysis of the suspension. There are three kinds of civil law countries view: subjectivism, objectivism, and eclecticism, different countries have adopted the theory in accordance with its tradition of using one of the point of view, the common law countries, mainly in the complicity from the point of view. In this article, on the civil law and common law relating to complicity to suspend an overview of the different viewpoints, and its advantages and disadvantages are analyzed.The third part of the suspension of China's current existence of an accomplice in the mainstream view that the overall completion of the theory of individual decision theory, cut off the causal theory, the ability of non-principal theory and the elimination of hazards on the dissolution behavior was narrative, while a number of problems these ideas do a brief analysis.The fourth accomplice, based in part on China's current division of the suspension, as well as an accomplice theory, a common practice, abettors, and organizations to help commit crimes committed on the establishment of the suspension analyzed.Part V first analyzes China's current suspension of the theory of an accomplice shortcomings, such as too much emphasis on the integrity of a common crime, the neglect of its relative independence and against the principles of criminal law, etc, followed by the latest theory, based on the current foreign countries on China's complicity suspension of the theory made a certain supplement, add into the "quasi-suspension of committing" the terms of, once again, the judicial practice of also made some suggestions.