Research On The Suspension Of Joint Crime

The prevailing view in China's criminal law theory supposes that part accomplice can be crime suspension in joint crime only when he(she) has stopped other accomplices continuing to implement the crime or preventing the occurrence of criminal results. Even part accomplice has made a sincere efforts to prevent the occurrence of criminal results,while the the criminal result occurres, he(she) will also be regarded as fundamental accomplice according to the principle that " Part of the participation,all the responsibilities " in joint crimes. But this is not accord with custom and nature,and it is obviously unjustable.as we all know such things are very popular in joint crimes.If we always observe this princple in the judicial practice,it will undoubtedly be unfair and injustice. From the Angle of criminal policy, this approach does not encourage effectively part accomplice to give up crime intent and make great efforts to prevent the occurrence of the joint crime in the process of implementing crime.The paper is divided into three parts. The first part is about the overview on suspension of joint crime.Based on the basic theory of joint crime and crime suspension, the paper briefly introduces the different theories on the nature of joint crime,and proposes the concept of suspension on joint crime.Then, it mainly discusses the types and legal consequences of suspension on joint crime.To compare it easily with the related theory of other countries,the paper adopts the popular classification in different countries, namely the accomplice are classified into three categories to discuss crime suspension in joint crime. Then, through introducing briefly about the legislation reason on the theory of crime suspension of foreign criminal law,it proposes that suspension of joint crime should also be punished lightly,of course partial accomplice deserve the legal consequences.The second part of the thesis mainly discusses the characteristics of suspension accomplice. Through the analysis and comparison of the criminal law theory on crime suspension in different countries,it points out that suspension in joint crime should empass four basic characteristics,which is the particularity of the subject, timeliness, automaticity,effectiveness.Due to the effectiveness of the suspension accomplice is the most complex and the most controversial feature, the paper focuses on the effectiveness of suspension in joint crime. And the thesis first introduces the relative research in foreign countries and in Taiwan and Macao of our country,and discusses it briefly;Then it introduces the relative theory in our country and makes a simple analysis on the theories. And it especsially analyzes mainly the prevailing view on the the accomplice of suspension in our country and points out its defects, namely it is not fair and reasonable while evaluing the people who has try to stop implementing the crime and make great efforts to prevent the occurrence of crimnal result.Finally, in the third part of the thesis it proposes that we should legislate in criminal law or introduce the theory of separating from the accomplice to handle properly the problem about the accomplice of suspension in our criminal theory. Given the legislation in our country criminal law not stipulated crime suspension of the accomplice, the third part of the paper mainly discusses the meaning,the types and definition of the theory of separating from the accomplice and points out the necessity of introducing the theory of separating from the accomplice in Chinese criminal law theory.